Libby’s persecutor may busted for lying to judges, and that could free Libby.
Mr. Fitzgerald is fighting release of the affidavits he filed with the D.C. Circuit Court of Appeals to justify compelling two reporters to testify about their conversations with Mr. Libby, and to throw one of them in jail for 85 days until she did so.
Also under court seal are eight pages of a redacted 2005 D.C. Circuit opinion by Judge David Tatel that explained the court’s decision to support Mr. Fitzgerald’s pursuit of the reporters.
We now know Fitzgerald knew the identity of the leaker (the lefty Richard Armitage) when he filed these affidavits. So he indicted the reporters to make them reveal something he already knew.
Now the hunt is on to establish if he lied to the Court of Appeals:
In January, Dow Jones…and the Associated Press requested that the D.C. Circuit release this material now that the case is wrapped up…
The Dow Jones-AP request is about holding Mr. Fitzgerald accountable for what he told the courts.
If it is the same as what he told the public, then the prosecutor should have nothing to fear from the release of the affidavits or Judge Tatel’s redacted opinion.
Fitzgerald’s battle to keep his evidence hidden suggests he lied. That would give Libby excellent grounds for appeal, since a crooked prosecutor taints a verdict.