I have contended for some time that the CIA referral letter, which instituted the proceedings in the Plame case, was based on false factual statements by the Agency. Lewis Libby has sought access to that letter and to date the Special Prosecutor has refused to produce it.

Today , based on a previosly unreported letter from the Judge, the Special Prosecutor has turned that letter over to the Judge for his inspection.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA : Cr. No 05—394 (RBW):
v. :

I. LEWIS LIBBY, :a/k/a 'Scooter Libby' :

GOVERNMENT'S NOTICE OF EX PARTE PRODUCTION

The United States of America, by and through Special Counsel, hereby notifies defense counsel that it is this day, April 28, 2006, delivering a copy of the CIA's criminal referral letter, and accompanying documents, to the Court for its inspection, as requested by the Court in its April 25, 2006 communication with Special Counsel and defense counsel. Respectfully submitted,
/s/

PATRICK J. FITZGERALD Special Counsel

Case 1:05—cr—00394—RBW Document 99 Filed 04/28/2006 Page 1 of 2

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