The case revolves around Lewis Libby who in October of 2005 was indicted by a grand jury on five counts of perjury, obstruction of justice, and making false statements to the FBI concerning how he learned of Ms Plame’s identity and how he subsequently used that information.
Mr Libby’s lawyers had earlier requested that prosecutors turn over all documentation related to their client for the time period in question. In response Mr Fitzgerald sent a letter which stated that, Not all e-mail of the Office of Vice President and the Executive Office of the President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system.
The defense team have already claimed that such holes may seriously impact their case, while prosecutors have maintained that they are aware of no evidence pertinent to the case that may have been lost.
Either way, should a technology failure be responsible for holes in the records it seems destined to muddy the already murky waters surrounding Mr Libby’s actions in 2003.
