Updated 4.16 pm Pacific
The National Journal is reporting that former Vice Presidential aide I. Lewis "Scooter" Libby testified before the Fitzgerald grand jury "that he had been 'authorized' by Cheney and other White House "superiors" in the summer of 2003 to disclose classified information to journalists to defend the Bush administration's use of prewar intelligence in making the case to go to war with Iraq."

This "authorization" is expected to be at least part of the basis for his defense, although disclosing information from the National Intelligence Estimate (NIE) seems distinct from the October 2005 charge of lying to the grand jury about conversations with reporters. Libby was indicted by the Fitzgerald grand jury on five charges: false statements, obstruction of justice and perjury. If convicted on all counts, the maximum penalty would be 30 years in prision and $1.25 million in fines.

Court records from 31 January indicate he will also plead "I forgot."

Mr. Libby will show that, in the constant rush of more pressing matters, any errors he made in FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake, faulty memory, rather than a willful intent to deceive.

However, Libby consistently told the same story over the course of several interviews conducted over the course of months.

This disclosure comes amid arguments over pre-trial evidence requested by the defense team. Libby is seeking access to classified information that Fitzgerald contends is "irrelevant to whether Libby lied to the grand jury about conversations with reporters." US District Court Judge Reggie Walton is expected to rule within two weeks.

Ollie North Redeux
The National Journal suggests the defense is similar to that used by Oliver North, a National Security Council official in the Reagan administration. North implemented the "arms for hostages" deal known as "The Iran-Contra Affair." According to the Journal, Libby's defense team includes John D. Cline, who was a defense attorney for North.

Cline uses a technique called greymail when defending clients: "Claim you need access to loads of classified information in order to mount a defense--more than might truly be necessary." Hope the government caves, rather than release the classified information.

In the North case, the special prosecutor, Lawrence Walsh, had to dismiss charges because the Reagan Administration refused to declassify documents demanded by the defense.

However, the charges against North were considerably different that those against Libby. Libby's charges relate specificially to his testimony before the grand jury; they do not relate to the legalit or illegality of the leaks.

North, on the other hand, was charged with fabricating documents, conspiring to defraud the government, illegally using money from arms sales to Iran to aid Nicaraguan rebels, obstructing Congress, and illegally accepting the gift of a security fense, among others.

According to news reports, Libby's team has demanded 10 months of the President's Daily Brief (PDF), president's morning intelligence briefing. From the Journal: "The reports are among the most highly classified documents in government, not only because they often contain sensitive intelligence and methods, but also because they indicate what the president and policy makers consider to be the most pressing national security threats. In the past, the Bush administration has defied bipartisan requests from the Intelligence committees in Congress to turn over PDBs for review."

Fitzgerald replied that his office had not requested copies of the PDBs, just relevant material, and that little of the PDB related to Joseph Wilson's trip to Niger, which was the thorn that led to Libby and others telling reporters Wilson's wife arrange his trip, in an attempt to discredit Wilson.

Other classified material that the defense team has requested includes proof that Valerie Wilson Plame was a classified employee and any CIA damage assessment of the leak of her identity.

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