Posted 2:49 PM by steve

Unintended consequences....

I think Libby got screwed by Fitzgerald, but he certainly isn't doing the country any good when he argues that he has a right to see classified material...

The judge ruled that "any evidence that's relevant to the case should be considered for use".

Given this standard, how do we then justify keeping classified material out of the hands of terrorists facing trial/tribunal? Won't they too have a right to see material if it is "relevant to the case"?

Of course, I wouldn't have a problem telling them no, as I have no problem providing foreigners, especially those accused of terrorism-related activities, with fewer rights than we provide to American citizens.

So... given that the courts and I don't see eye-to-eye on this, with the courts on the road to all but eliminating any such distinctions with how we treat non-citizens vis-a-vis American citizens, is it too much to ask Libby to fall on his sword... rather than have his case serve as precedent for foreign terrorists facing trial being able to access classified material?

UPDATE: Falling on his sword might not be necessary, as this article reports the judge invited Fitzgerald to drop the charges if Fitzgerald feels giving Libby access to the documents would jeopardize national security. Were Fitzgerald to do so, I'm not sure anybody, perhaps even Libby himself, would be happy with the outcome. Libby might not like having this cloud over his head for the rest of his life. The ranting left would scream 'fix', that somehow the Bush Administration conspired to let Cheney's hatchet man off the hook. The right wouldn't like it as they'd miss the chance (not much of one in my opinion, but one nonetheless) of it coming out that Fitzgerald overstepped his authority and misused his prosecutorial discretion. And I wouldn't like it as it would deny me the pleasure of watching my prediction that convicting Libby is no sure thing.