Will Scooter Libby Graymail the CIA?

David CornMon Feb 6, 2:06 PM ET

The Nation -- Will Scooter Libby, a neocon who helped orchestrate the war in Iraq, end up graymailing the U.S. government?

That seems to be one of the strategies being considered by the lawyers defending Dick Cheney's former chief of staff, who was indicted by special counsel Patrick Fitzgerald in the CIA leak case for lying to FBI investigators and grand jurors to cover up his (and possibly Cheney's) participation in the outing of CIA officer Valerie Wilson (nee Plame).

Graymail is a defense gambit not available to most criminal suspects. But years ago defense attorneys representing clients connected to the national security establishment--say, a former CIA employee gone bad--figured out a way to squeeze the government in order to win the case: claim you need access to loads of classified information in order to mount a defense--more than might truly be necessary. Of course, the government is going to put up a fight. It may release some information--but not everything a thorough defense attorney will say is needed. The goal is to get the government to say no to the informant. Then the defense attorney can attempt to convince the judge that without access to this material he or she cannot put up an adequate defense. If the lawyer succeeds, it's case dismissed. In such situations, the defendant is essentially saying, prosecute me and I'll blow whatever government secrets I can. Isn't that the act of a patriot?