By Jim VandeHei
Washington Post Staff Writer
Saturday, March 11, 2006; A06
A federal judge ordered the government yesterday to provide I. Lewis "Scooter" Libby redacted versions of documents he reviewed or information he requested during highly classified morning intelligence briefings when he was chief of staff to Vice President Cheney.
Libby, who has been indicted on charges of perjury, making false statements and obstructing justice in the CIA leak case, originally sought a wide range of the CIA's most sensitive intelligence reports to bolster his defense. Libby's lawyers have said they plan to argue that Libby was so preoccupied with other pressing issues -- such as those discussed at the top-secret morning briefings -- that he simply forgot conversations he had with reporters and government officials about CIA officer Valerie Plame.
U.S. District Judge Reggie B. Walton said in yesterday's decision that the government must provide edited versions of intelligence material also viewed by Cheney in morning briefings and a list, by topic only, of information requests Libby made during the top-secret meetings. Walton said that if the government cannot produce redacted copies of the documents in question, a list of general topic areas discussed each day would suffice. He said the material is relevant to Libby's "preoccupation defense."
"The Court has painstakingly endeavored to ensure that the defendant is provided with the information he truly needs to prepare his defense based upon what he represented through counsel will be his theory of why he should not be held culpable for the offenses charged in the indictment," Walton wrote.
The charges against Libby grew out of the investigation by Special Counsel Patrick J. Fitzgerald into whether any top administration officials knowingly disclosed Plame's identity to discredit allegations made by her husband, former ambassador Joseph C. Wilson IV.
Libby originally asked for nearly a year's worth of the documents, including the President's Daily Brief, the CIA's most sensitive intelligence report, to establish that he was dealing with life-and-death issues that dwarfed Plame in importance. As the vice president's top aide, Libby sat in on the morning meetings that covered the latest intelligence reports on Iraq, North Korea, terrorist activity and other pressing national security matters.
Earlier this week, the CIA objected to providing copies of so much material, saying it would divert too much time and attention from analysts working on other intelligence matters. The same day, Libby scaled back his request in an effort to persuade Walton to order the agency to turn over some material.
As a result, the Libby defense team will be able to provide a broad overview of the former Cheney aide's hectic schedule and stressful responsibilities but not in the detail it originally sought.
In addition to limiting Libby's access to redacted copies or a list of topics, Walton said the government must only turn over documents covering a very specific set of dates. Libby originally sought documents covering the period between May 2003 and March 2004.
Walton noted that most of what he ordered turned over to Libby will not be seen by a jury. Classified evidence that Libby wants to use in the trial must be approved by the judge.
Walton said the White House and the CIA have until March 24 to make claims of executive privilege on the PDBs and related documents. In the past, the White House has resisted efforts to turn over documents about private communications, arguing that it would discourage aides and advisers from providing candid advice.
The fight over the classified material has delayed the Libby proceedings and prompted prosecutor Fitzgerald to charge that Libby's defense team is requesting unobtainable documents in an effort to derail the trial.
