No Easy Answers

The Next Hurrah: We've Got a Potential Witness (and Mention) List

The list of names is "inserted" at the Question 5 point.

This is not a witness list. All of the witnesses are on the list, but not everyone on the list is or will be a witness during the trial.

                          UNITED STATES DISTRICT COURT
                          FOR THE DISTRICT OF COLUMBIA

                                      )
UNITED STATES OF AMERICA              )
                                      )
                                      )
                v.                    )                     Criminal No.: 05-394
                                      )                              (RBW)
I. Lewis Libby,                       )
                                      )
                Defendant.            )
_____________________________________ )



                                   Voir Dire Questions

       The Court will permit extensive individual voir dire of each potential juror, who will

all be brought individually to the courtroom after the entire venire has been collectively

asked the questions below and then removed to another location. This Court will also

permit counsel to ask jurors additional questions about their employment, which will in

general terms be listed on the jury list counsel will be provided before the voir dire

commences. The only questions that will not be permitted are those that are repetitive

of questions already asked and the following inquiries the parties have requested:

       (A.)   The potential jurors' actual address. Counsel may ask, however,

              questions to identify the general neighborhood where jurors live, e.g.,

              Adams Morgan, Anacostia, Chevy Chase, Georgetown, Shaw, or

              Takoma, D.C.

       (B.)   The jurors' place of birth. However, counsel may ask where the jurors

              were raised.

       (C.)   The jurors' marital status.

       (D.)   Whether the jurors have children, step-children, or grandchildren.

       (E.)   The jurors' native languages. One of the general questions to the venire

              will ask whether they have any difficulty speaking or understanding

              English.


(1.)   Identify the trial participants:

       (A.)   The lawyers representing the United States:

              Patrick J. Fitzgerald

              Peter R. Zeidenberg

              Debra Riggs Bonamici

              Kathleen M. Kedian

              David Miller

       *      Do any of you know any of these attorneys or have you head anything

              about them?

       (B.)   The defendant:

              I. Lewis Libby, also known as Scooter Libby, who was formerly Vice

              President Richard Cheney's Chief of Staff and National Security Advisor

       *      Do you know Mr. Libby or have you heard anything about him?

       (C.)   The lawyers representing the defendant:

              Ted Wells (a partner in the law firm of Paul, Weiss, Rifkind, Wharton &

              Garrison)

              James L. Brochin (a partner in the law firm of Paul, Weiss, Rifkind,

              Wharton & Garrison)


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              Williams H. Jeffress (a partner in the law firm of Baker Botts)

              Alex J. Bourelly (a partner in the law firm of Baker Botts)

              John D. Cline (a partner in the law firm of Jones Day)

              KC Maxwell (an of counsel in the law firm of Jones day)

              David W. Brown (an associate in the law firm of Paul, Weiss, Rifkind,

              Wharton & Garrison)

              Elizabeth M. Eaton (an associate in the law firm of Paul, Weiss, Rifkind,

              Wharton & Garrison)

              Jessica S. Carey (an associate in the law firm of Paul, Weiss, Rifkind,

              Wharton & Garrison)

              Alexandra Walsh (an associate in the law firm of Baker Botts)

              Ben Fitzpatrick (an associate in the law firm of Baker Botts)

       *      Do you know any of these attorneys or have you head anything about

              them, or have you had any dealings with the law firms I just mentioned?

(2.)   As I just indicated, Mr. Libby is the former Chief of Staff and National Security

       Advisor of Vice President Cheney. Do any of you have feelings or opinions

       about the Bush Administration or any of its policies or actions, whether positive

       or negative, that might affect your ability to give a former member of the Bush

       Administration a fair trial?

(3.)   Statement of the Case:

       In July 2003, there were press accounts discussing former Ambassador Joseph

Wilson's trip to Niger (a country in Africa) and his criticism of the Bush Administration

concerning the reasoning for the United States going to war in Iraq. In those accounts it

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was revealed that former Ambassador Wilson's wife (Valerie Plame) worked at the

Central Intelligence Agency (the CIA). After the articles were published, a federal

investigation commenced to determine whether any violations of the law had been

committed by the disclosure to the news media, and if so, who disclosed the

information. Arising out of this investigation, was the issuance of the grand jury

indictment charging Mr. Libby, who as I indicated was Vice President Cheney's Chief of

Staff and National Security Advisor, with obstruction of justice, perjury, and making

false statements to Federal Bureau of Investigation (FBI) Special Agents and a grand

jury resulting from statements Mr. Libby made during the investigation.

       (A.)   Do you personally know anything about this case?

       (B.)   Have you read or heard anything about this case in the news media?

       (C.)   Is there anything that I have said about this case that may affect your

              ability to be fair and impartial in this case?

(4.)   Do any of you know anyone else in the courtroom, including any of your fellow

       jurors?

(5.)   The Court will read the parties' joint list of witnesses and others who may be

       mentioned during the trial. Do any of your know any of these individuals?

Link to Source

      Potential Witnesses and Names that may be Mentioned during the Trial


    Floyd Abrams (Partner at the law firm        Donald Fierce (Government Relations
    Cahill, Gordon & Reindell)                   Consultant)
 
    Spencer Ackerman (Journalist)                Alan Foley (CIA Official)
 
    David Addington (Vice President              Carl Ford (State Department Official)
    Cheney's Chief of Staff)
                                                 Gerard Francisco (Office of Special
    Mike Allen (Washington Post                  Counsel)
    Reporter)
                                                 Paul Gigot (Journalist for the Wall
    Michael Anton (National Security             Street Journal)
    Council Official)
                                                 David Gregory (Chief White House
    Kirk Armfield (FBI Agent)                    Correspondent for NBC News)

    Richard Armitage (Former Deputy              Robert Grenier (Former CIA Official)
    Secretary of State)
                                                 Marc Grossman (Former
    Daniel Bartlett (Counselor to the            Undersecretary of State)
    President)
                                                 Stephen Hadley (President Bush's
    Robert Bennett (Partner at the law           National Security Advisor)
    firm Skadden, Arps, Slate, Meagher &
    Flom)                                        John Hannah (Vice President
                                                 Cheney's National Security Advisor)
    Deborah Bond (FBI Agent)
                                                 Bill Harlow (CIA Official)
    Massimo Calabresi (Time Magazine
    Reporter)                                    Debra Heiden (Assistant to the Vice
                                                 President)
    Andrew Card (President Bush's
    former Chief of Staff)                       Seymour Hersh (Journalist,
                                                 Contributor to The New Yorker)
    Jay Carney (Time Magazine Editor)
                                                 Richard Hohlt (Consultant)
    Vice President Richard B. Cheney
                                                 Bob Joseph (Under Secretary of State)
    Matthew Cooper (Time Magazine
    Reporter)                                    John Judis (Editor, The New
                                                 Republic)
    John Dickerson (Journalist)
                                                 Glenn Kessler (Washington Post
    Jack Eckenrode (FBI Agent)                   Reporter)

    Eric Edelman (Former Assistant to the        Walter Kansteiner (Former Assistant
    Vice President and Ambassador to             Secretary of State)
    Turkey)
                                                 Nicholas Kristof (New York Times
    Douglas Feith (Former Department of          Columnist)
    Defense Official)
                                                 Carol Kuntz (Former Assistant to the
    Jennifer Field (Former Staff Member,         Vice President)
    Office of the Vice President)
                                                 Emily Lawrimore (Staff Member,
    Ari Fleischer (President Bush's              Office of the Vice President)
    Former Press Secretary)

---===---

    Adam Levine (Former Assistant to the        James Risen (New York Times
    President)                                  Reporter)

    Lewis ("Scooter") Libby (the                Karl Rove (President Bush's Deputy
    defendant; Former Chief of Staff and        Chief of Staff)
    National Security Advisor to the Vice
    President)                                  Knut Royce (Newsday Reporter)

                                                Tim Russert (Moderator of Meet the
    Cathie Martin (Former Press Aid to          Press)
    the Vice President)
                                                David Sanger (New York Times
    David Martin (CBS News Reporter)            Reporter)

    Mary Matalin (Former Assistant to           Craig Schmall (CIA Employee) 
    President Bush and Counselor to Vice
    President Cheney)                           Hannah Siemers (Staff Member,
                                                Office of the Vice President)
    Chris Matthews (Television Talk
    Show Host)                                  Bruce Swartz (Attorney, Department
                                                of Justice)
    Jennifer Mayfield (Former Assistant
    to Mr. Libby)                               William Taft IV (Former Chief Legal
                                                Advisor for the Department of State;
    Scott McClellan (Former White               Counsel at the law firm of Fried
    House Press Secretary)                      Frank)

    Dean McGrath (Assistant to the Vice         Joseph Tate (Partner in the law firm
    President)                                  Dechert)

    John McLaughlin (Former Deputy              George Tenet (Former CIA Director)
    Director of the CIA)
                                                Evan Thomas (Assistant Managing
    Judith Miller (Former New York              Editor, Newsweek)
    Times Reporter)
                                                Larry Thompson (Former Deputy
    Jennifer Millerwise (Former Press           Attorney General)
    Aide to the Vice President)
                                                Paul Vallely (Retried Major General
    Andrea Mitchell (NBC Reporter)              of the Army)

    Robert Novak (Chicago Sun-Times             Joseph Wilson (Former Ambassador)
    Reporter)
                                                Valerie Plame Wilson
    Neil Patel (Assistant to the Vice
    President)                                  Paul Wolfowitz (Former Deputy
                                                Secretary of Defense and President of
    Timothy Phelps (Newsday                     the World Bank)
    Washington Bureau Chief)
                                                Bob Woodward (Washington Post Reporter)
    Walter Pincus (Washington Post Reporter)

    Colin Powell (Former Secretary of  State)

    Dana Priest (Washington Post Reporter)

    Condoleeza Rice (Secretary of State)

(6.)   As just indicated, some of the possible witnesses will be former and present

       members of the Bush Administration, including Vice President Richard Cheney,

       (A.)   Would the fact that former or present members of the Bush Administration

              will be witnesses in this case impair your ability to be a totally fair and

              impartial juror?

       (B.)   Would any of you have any difficulty fairly judging the believability of

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               former or present members of the Bush Administration?

       (C.)    Do any of you have any feelings or opinions about Vice President

               Cheney, whether positive or negative, that might affect your ability to be

               fair in this case or that might affect your ability to fairly judge Vice

               President Cheney's believability?

(7.)   Several witnesses who will testify in this case are members of the news media.

       Would any of you have any difficulty fairly judging the believability of a person

       who is a member of the news media?

(8.)   Is there anyone who feels that they might have any difficulty being fair and

       impartial in this case due to the race or ethnicity of anyone who is involved in this

       case?

(9.)   Explain reasonable doubt, presumption of innocence, and burden of proof.

       Would any of you have any problems accepting and applying these principles of

       law?

(10.) Is there anyone who feels that a defendant should have to prove his innocence?

(11.) Is there anyone who feels that merely because the defendant has been charged

       with criminal offenses in this case probably means that he is guilty?

(12.) Every defendant in a criminal case has the absolute right not to testify, and if a

       defendant decides not to testify, you cannot in any way hold that against him or

       consider his decision not to testify in deciding whether the government has

       proven that he is guilty. Is there anyone who could not accept and follow this

       principle of law?

(13.) A defendant is not required to call any witnesses. Would the decision by a

                                                5

       defendant not to call witnesses cause you to conclude that he is guilty?

(14.) If you are selected as a juror in this case, you must have the ability and the

       willingness to discuss the facts of the case with your fellow jurors during the

       jury's deliberations. Is there anyone who thinks they cannot do this?

(15.) If you are selected as a juror in this case, you must have the ability to make your

       own independent decision about the defendant's guilt or innocence. Is there

       anyone who thinks they could not do this?

(16.) If you are selected as a juror in this case, you will be instructed that if you find

       that the government has proven beyond a reasonable doubt every element of an

       offense with which the defendant is charged, it is your duty to find the defendant

       guilty of that offense. On the other hand, if you find that the government has

       failed to prove any element of an offense beyond a reasonable doubt, you must

       find the defendant not guilty of that offense. Is there anyone who would have a

       problem following this instruction?

(17.) At this time, I want to ask you some questions about your beliefs or opinions

       about human memory:

       (A.)   Is there anyone who believes that everyone's memory is like a tape

              recorder and therefore all individuals are able to remember exactly what

              they said and were told in the past?

       (B.)   Is there anyone who feels that a person could not honestly say something

              about a matter he or she truly believed to be the true when that person

              several months earlier actually said something totally different about that

              same matter?

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       (C.)   Is there anyone who believes that it is impossible for a person to

              mistakenly believe that he or she was told something by one person when

              in fact the person was actually told the information by someone totally

              different several months earlier?

       (D.)   Is there anyone who believes that it is absolutely impossible for a person

              to believe very strongly that he or she has certain memories about

              something, even though it is determined that those memories are

              inaccurate?

(18.) Would any of you have any difficulty fairly judging the credibility of a law

       enforcement witness?

(19.) Have you, close friends, or close relatives ever served as a law enforcement

       official or applied for employment for such a position (a police officer, law

       enforcement officer, prosecutor, prison guard or official, probation officer, parole

       officer, or a private security officer or guard)?

(20.) Have you, close friends, or relatives had interactions with the police or other law

       enforcement officials, whether positive or negative, that might impair your ability

       to give either side in this case a fair trial?

(21.) Are any of you lawyers or have any of your ever studied law?

(22.) Have any of you, close friends or close relatives ever served as a defense

       attorney, defense investigator, or in some other capacity where you or they

       provided services to people charged with crimes, or applied for employment in

       such positions?

(23.) Do any of you have any feelings about prosecutors, defense lawyers or people

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       accused of crimes that might affect your ability to be a fair juror in this case?

(24.) Have any of you or any of your close friends or relatives ever been employed or

       applied for employment with the CIA or any other national intelligence agency?

(25.) Have any of your ever held a position in which you had access to classified

       information?

(26.) Have any of you ever participated in any type of anti-crime activity or victims'

       rights organizations (neighborhood watch, the Orange Hats Program)?

(27.) Have any of you ever participated in any type of inmate assistance or ex-

       offender programs?

(28.) Have any of you ever participated in any efforts to either increase or lessen the

       punishment of individuals who are convicted of criminal offenses?

(29.) Have any of you ever served as a grand juror or a petit juror in a criminal case?

(30.) Have you, close friends, or close relatives ever been the victim of a crime, a

       witness to a crime, or someone charged with a crime, regardless of what may

       have happened to the case?

(31.) Do any of you have any religious, moral or philosophical beliefs that would affect

       your ability to sit as a juror in a criminal case and be fair and impartial to both the

       government and the defendant?

(32.) Do any of you have any health problems that might impair your ability to sit as a

       juror in this case?

(33.) Are any of you taking medication that might impair your ability to sit as a juror in

       this case?

(34.) Do any of you have any problems hearing or seeing?

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(35.) Do any of you have any problems understanding or speaking the English

      language?

(36.) This trial could take up to 4 to 6 weeks to complete. Is there anyone who could

      not sit as a juror in this case due to the anticipated length of the trial?

(37.) I anticipate there will be a fair amount of news and other media coverage about

      this case. One of the things you will have to do if you are selected as a juror in

      this case is to avoid all contact with the news or other media coverage of this

      case. Therefore, throughout the trial, if you are a member of the jury, you will not

      be able to read the newspaper before it is screened by court staff and you will

      have to avoid watching or listening to the news and any other media programs.

      Is there anyone who thinks they would be unable to do these things if you were

      selected as a juror?

(38.) Is there anyone who for any reason feels he or she could not sit as a juror in this

      case and be fair to both parties?




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posted by cboldt  # 1/16/2007 10:16:00 AM