Interesting Article On TreasonGate Investigation

From the New York Daily News (via Josh Marshall):

CIA leak prosecutor Patrick Fitzgerald collected 10,000 pages of documents - including the most sensitive terrorism memos in the U.S. government - from Vice President Cheney's office, he said in court papers released yesterday.

Without serving any warrants in his probe of who outed CIA officer Valerie Plame, Fitzgerald even obtained censored copies of the President's Daily Brief, the supersecret CIA threat memo for President Bush.

Now Lewis (Scooter) Libby, Cheney's disgraced former chief aide, is asking a court to force Fitzgerald to fork over all the documents to fight charges of perjury and lying to the FBI.

Libby will show that "any errors he made in his FBI interviews or grand jury testimony, months after the conversations, were the result of confusion, mistake or faulty memory rather than a willful intent to deceive," his lawyers argued.

The special counsel got the presidential briefing in his hunt for any files concerning Plame or her husband, Joe Wilson, a diplomat sent to Niger in 2002 to see whether the African regime sold uranium to Iraq.

Fitzgerald, who is fighting Libby's request, said in a letter to Libby's lawyers that many e-mails from Cheney's office at the time of the Plame leak in 2003 have been deleted contrary to White House policy.

As Josh Marshall points out, that last paragraph of the Post article is "a bit odd." Marshall continues:

Fitzgerald's letter says that "we have learned that not all email of the Office of Vice President and the Executive Office of President for certain time periods in 2003 was preserved through the normal archiving process on the White House computer system."