Political Skullduggery

A long drawn-out battle over access to the notebooks of some reporters peripherally involved in the "Plamegate" leak case has been averted now that several mainstream media organizations have decided to "voluntarily" turn over the notebooks to the trial judge so that he can rule on their admissibility in the case.

Several media organizations agreed yesterday to let a federal judge overseeing the trial of former White House aide I. Lewis "Scooter" Libby review reporters' notebooks and other materials related to their work in the CIA leak case.

The New York Times and Time magazine said at a court hearing that they will turn over the materials to U.S. District Judge Reggie B. Walton this week so he can decide whether they must be shown to Libby's defense team...

The two publications, plus NBC, had filed motions seeking to quash subpoenas filed by Libby's attorneys on the grounds that the requests were too sweeping and that some of the material did not exist, was irrelevant or is protected. The Washington Post turned over enough subpoenaed information to satisfy Libby's attorneys; The Post said in a statement that it did so without violating promises to its sources.

Walton indicated that he accepted NBC's argument that it had no relevant materials...

Much of yesterday's hearing concerned the notebooks of former New York Times reporter Judith Miller, who spoke three times with Libby about Wilson's work in June and July 2003 and made repeated reference in her notes to Plame. Miller has said she also discussed Plame with other officials but could not recall their names. But she did not write an article about the matter.

The Times has provided Libby a redacted copy of the notebooks, but (Libby lawyer William) Jeffress argued that Libby needed to see other names and phone numbers in Miller's notebooks to determine who else she spoke with about Plame and if her memory about all the related conversations was confused.

The media outlets could have played hardball and dragged out this issue. But this would have resulted in Libby's defense fund--already burning cash at a great rate--being stressed even further.