[IP] more on Libby: White House 'superiors' authorized leaks]]

[Dave Farber <dave@farber.net>]

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- -------- Original Message --------
Subject: RE: [IP] more on Libby: White House 'superiors' authorized leaks]
Date: Fri, 10 Feb 2006 13:36:08 -0800
From: Brock Meeks <Brock.Meeks@msnbc.com>
To: dave@farber.net
CC: pleavy@citizen.org

Yeah, well, of course there is that exception.  I didn't think people
would need that explanation.

Regardless, I shot off my keyboard much too fast.  I've been upbraided
(a dozen times now) and learned my lesson.

But thanks, Paul, I've filed this little snippet of legality away where
it'll be in easy reach should I feel the need to play lawyer on the
Internet ever again. ;)

- --Brock

- -----Original Message-----
From: David Farber [mailto:dave@farber.net]
Sent: Friday, February 10, 2006 04:22
To: ip@v2.listbox.com
Subject: [IP] more on Libby: White House 'superiors' authorized leaks]



Begin forwarded message:

From: Paul Levy <plevy@citizen.org>
Date: February 10, 2006 2:09:01 PM EST
To: dave@farber.net
Subject: Re: [IP] more on Libby: White House 'superiors' authorized
leaks]

Brock Meeks is incorrect in asserting that anyone who leaked
information  to the AP must have committed a crime.

It would not be a crime for the person who testified to tell other
people the contents of his own testimony.  And those people, in turn,
could say what they were told.

See the Federal Rules of Criminal Procedure, Rule 6(e)(2), set forth
below. There are various exceptions that I do not quote:

(2) Secrecy.

(A) No obligation of secrecy may be imposed on any person except in
accordance with Rule 6(e)(2)(B).

(B) Unless these rules provide otherwise, the following persons must
not disclose a matter occurring before the grand jury:

(i) a grand juror;

(ii) an interpreter;

(iii) a court reporter;

(iv) an operator of a recording device;

(v) a person who transcribes recorded testimony;

(vi) an attorney for the government; or

(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii)
or (iii).

(


Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation

>>> Dave Farber <dave@farber.net> 2/10/2006 1:08 PM >>>


- -------- Original Message --------
Subject: RE: [IP] Libby: White House 'superiors' authorized leaks
Date: Fri, 10 Feb 2006 09:02:18 -0800
From: Brock Meeks <Brock.Meeks@msnbc.com>
To: dave@farber.net

Of course, let's not forget that in order to get this story, someone
leaked grand jury testimony to the AP; leaking grand jury testimony also
is a crime...



- -----Original Message-----
From: Dave Farber [mailto:dave@farber.net]
Sent: Friday, February 10, 2006 09:37
To: ip@v2.listbox.com
Subject: [IP] Libby: White House 'superiors' authorized leaks



- -------- Original Message --------
Subject: Libby: White House 'superiors' authorized leaks
Date: Thu, 09 Feb 2006 22:35:58 -0500
From: Patrick W. Gilmore <patrick@ianai.net>
To: Dave Farber <dave@farber.net>
CC: Patrick W. Gilmore <patrick@ianai.net>

<http://www.cnn.com/2006/POLITICS/02/09/cia.leak.ap/>

<quote>
WASHINGTON (AP) -- A former top aide to Vice President Dick Cheney
told a federal grand jury that his superiors authorized him to give
secret information to reporters as part of the Bush administration's
defense of intelligence used to justify invading Iraq, according to
court papers.
</quote>

WOW!

I am very surprised.  Mostly that Libby talked.

I will be even more surprised if the people who told him to do this
actually get the punishment they deserve.

Might even restore my faith in the system....


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