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Tuesday, January 30, 2007

Libby Proposed Verdict Form [Doc 259]

Yet another OCR job. Libby proposed verdict Form, Doc 259


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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF Ano_RIcA }
}
v. } CR. NO. 05-394 {RBW}
}
I. LEWIS LIBBY, }
also known as "Scooter Libby" }

VERDICT FORM

Count One

Count One alleges that Mr. Libby obstructedjustice. To be found Guilty ofthis
count, the jury must unanimously agree that the government proved beyond a reasonable doubt
that Mr. Libby corruptly endeavored to influence, obstruct, or impede the due administration of
justice by knowingly and deliberately making materially false and intentionally misleading
statements to the grand jury, and that Mr. Libby knew the statements were false at the time he
made them.

with respect to each ofthe three statements listed below, we the jury unanimously
find that the government [has failed to prove/has provedl beyond a reasonable doubt that the
statement was materially false and intentionally misleading, and that Mr. Libby knew this when
he made the statement to the grand jury:

When Mr. Libby spoke with Tim Russert ofNa(TNews on Failed to Prove Proved
_uly 10 or l l, 2003, Mr. Russert asked Mr. Libby ifMr.
Libby knew that _oseph Wilson's wife worked for the CIA
and that all the reporters knew iti and, that at the time of
this conversation, Mr. Libby was surprised to hear that
Mr. Wilson's wife worked for the CIA.

Mr. Libby advised Matthew Cooper of Time magazine on Failed to Prove Proved
or about _uly 12, 2003 that he had heard that other
reporters were saying that Mr. Wilson's wife worked for
the CIA, and hrther advised him that Mr. Libby did not
know whether this assertion was true.

Mr. Libby advised _udith Miller ofthe New rook Times on Failed to Prove Proved
or about _une 12, 2003 that he had heard that other
reporters were saying that Mr. Wilson's wife worked for
the CIA, but that Mr. Libby did not know whether that



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assertion was true.

with respect to the offense ofobstruction ofjustice, we the jury unanimously find
Mr. Libby:

Not Guilty Guilty



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Count Two

Count Two alleges that Mr. Libby made false statements to the Federal Bureau of
Investigation. For Mr. Libby to be found Guilty ofthis count, the jury must unanimously agree
that the government has proved beyond a reasonable doubt that Mr. Libby willfully made a false,
fictitious, or fraudulent statement or representation concerning a material fact, knowing that it
was false at the time he made it, when he told the FBI that:

During a conversation with Tim Russert ofNa(TNews on _uly 10 or l l,
2003, Mr. Russert asked Mr. Libby ifMr. Libby was aware that Mr.
Wilson's wife worked for the CIA. Mr. Libby responded to Mr. Russert
that he did not know that, and Mr. Russert replied that all the reporters
knew it. Mr. Libby was surprised by this statement because, while
speaking with Mr. Russert, Mr. Libby did not recall that he previously
learned about Mr. Wilson's wife's employment from the Vice President.

To be found Not Guilty, the jury must unanimously agree that the government did not prove this
beyond a reasonable doubt.

with respect to the offense ofmaking false statements to the Federal Bureau of
Investigation, we the jury unanimously find Mr. Libby:

Not Guilty Guilty



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Count Three

Count Three alleges that Mr. Libby made false statements to the Federal Bureau
ofInvestigation. For Mr. Libby to be found Guilty ofthis count, the jury must unanimously
agree that the government has proved beyond a reasonable doubt that Mr. Libby willfully made a
false, fictitious, or fraudulent statement or representation concerning a material fact, knowing
that it was false at the time he made it, when he told the FBI that

During a conversation with Matthew Cooper of Time magazine on _uly 12,
2003, Mr. Libby told Mr. Cooper that reporters were telling the
administration that Mr. Wilson's wife worked for the CIA, but Mr. Libby
did not know ifthis was true.

To be found Not Guilty, the jury must unanimously agree that the government did not prove this
beyond a reasonable doubt.

with respect to the offense ofmaking false statements to the Federal Bureau of
Investigation, we the jury unanimously find Mr. Libby:

Not Guilty Guilty



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Count Four

with respect to the first charged offense ofperjury, we the jury unanimously find
Mr. Libby:

Not Guilty Guilty



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Count Five

with respect to the second charged offense ofperjury, we the jury unanimously
find Mr. Libby:

Not Guilty Guilty



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Dated: January 26, 2007 Respecthlly submitted,



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