Prosecution and Defense never sleep in the Libby trial

Fitzgerald and Team Libby have filed new briefs arguing about the admission of two Washington Post articles from October, 2003 by Walter Pincus and Mike Allen, both of which were contained in Libby's files and had been underlined in part.

Government Exhibit 422 is a copy of a three-page article by Walter Pincus and Mike Allen entitled, “FBI Agents Tracing Linkage of Envoy to CIA Operative,” which was published in the Washington Post on October 12, 2003.

Government Exhibit 423 is a copy of a two-page article by Walter Pincus and Mike Allen entitled, “Leak of Agent’s Name Causes Exposure of CIA Front Firm,” which was published in the Washington Post on October 4, 2003.

Fitzgerald seeks to introduce this evidence as part of its proof of defendant’s knowledge and intent. Team Libby argues that the articles are overly prejudicial and should be excluded. They argue that they will confuse the jury and cause them to infer Libby has committed a crime with which he is not charged, the leaking of classified information, and the court has ruled that whether Plame actually was covert or not is not an issue before them.

Fitz's filing.
Libby's filing.