Prosecutor Says Libby Seeks to Thwart Criminal Case

A federal prosecutor has said I. Lewis Libby Jr., former chief of staff to Vice President Dick Cheney, is trying to sabotage the criminal case against him by insisting through his lawyers that he be given sensitive government documents for his defense.

In a court filing on Thursday night, the prosecutor said requests by Mr. Libby's lawyers for documents, including the daily intelligence briefs given to the president for nearly a year, were "a transparent effort at 'graymail.' "

The prosecutor, Patrick J. Fitzgerald, said the requests for a large amount of sensitive information beyond what they had been given was unjustified. Mr. Fitzgerald told the federal judge hearing the case that defendants like Mr. Libby had an incentive to derail their trials by asking for sensitive documents that the government might not want discussed openly.

Graymail is the practice of discouraging a prosecution from proceeding by contending that a defendant may need to disclose classified or sensitive information as part of a full defense. Such an approach can force the government to choose between dropping the prosecution or allowing the information to be disclosed at a trial.

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