Entries by emptywheel

Fitzgerald’s Successful Argument to Keep the Bush and Cheney Reports Out of Discovery

Back in the discovery period leading up to Scooter Libby’s trial, Ted Wells made a valiant attempt–based on Fitzgerald’s notice that he was going to include reference to the insta-declassification of the NIE–to get Bush and Cheney’s interview reports in discovery.

But Fitzgerald refused, arguing those reports were Jencks material (meaning he’d only have to turn it over to the defense if he put Bush or Cheney on the stand in the

Share this entry