Judge: Libby May Use Classified DataBy MATT APUZZO
The Associated Press
Monday, November 13, 2006; 6:17 PM
WASHINGTON -- Classified information will be key evidence in the CIA leak
trial and Special Prosecutor Patrick Fitzgerald went too far in his proposal
to limit its release, a federal judge ruled Monday.
Former White House aide I. Lewis "Scooter" Libby is charged with lying to
investigators in the case and wants to present classified material at his
trial in January to show jurors that he had a lot on his mind and couldn't
remember details about the leak.
U.S. District Judge Reggie B. Walton said Libby has a right to use some
classified material at trial in January. Walton has not said publicly what
must be allowed, and both sides are arguing behind closed doors over
how the information will be blacked out for jurors.
In a ruling Monday, Walton said Fitzgerald's proposed redactions were too
restrictive. The memory argument is a key part of Libby's defense, Walton
ruled, and he must be allowed to use classified information to make that
case.
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