Judge says reporters must submit documents to ex-White House aide

? Time magazine must give I. Lewis “Scooter” Libby drafts of articles so the former White House aide can use them to defend himself against perjury and other charges in the CIA leak case, a federal judge ruled Friday.

U.S. District Judge Reggie Walton limited the scope of subpoenas that Libby’s attorneys had aimed at Time, NBC News and The New York Times for e-mails, notes, drafts of articles and other information.

But in a 40-page ruling, Walton rejected the news organizations’ argument that they have a broad right to refuse to provide such information in criminal cases.

Libby, 55, Vice President Dick Cheney’s former chief of staff, is charged with perjury and obstruction of justice. He is accused of lying to the FBI and a federal grand jury about how he learned about CIA officer Valerie Plame and what he subsequently told reporters about her.

Walton said The New York Times might have to turn over drafts of articles and other information during Libby’s trial if former Times reporter Judith Miller contradicts her previous statements about the case when she testifies as a government witness.

The judge ruled that Miller doesn’t have to surrender two notebooks, her phone records or appointment calendars because the materials aren’t relevant to Libby’s defense.

NBC News also does not have to give Libby’s defense team one page of undated notes taken by correspondent Andrea Mitchell because Walton said she is unlikely to testify at Libby’s trial, which is set for January.

In granting in part and denying in part the media’s challenges to Libby’s subpoenas, Walton wrote, “The First Amendment does not protect a news reporter or that reporter’s news organization from producing documents : in a criminal case.”

The news organizations indicated they are not likely to appeal the ruling.