No Easy Answers


Sunday, February 11, 2007

Libby Motion to Admit CIPA Evidence w/o Testimony [Doc 277]

OCR Job. I have the motion and the raw conversion, but will defer to others to put up a quality reproduction at this point.

I'm in no hurry to clean up the OCR conversion, but want to have a placemarker for when the clean-up has been completed.


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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

REPLY BRIEF OF DEFENDANT I. LEWIS LIBBY ON ADMISSIBILITY OF STATE
OF MIND EVIDENCE WITHOUT DEFENDANT'S TESTIMONY

The government concedes that the Court cannot require Mr. Libby to testify as a condition for admitting evidence bearing on his state of mind. 1 It concedes as well that Mr. Libby has a right to present at least some of his proffered evidence regardless of whether he testifies, including portions of the statement admitting relevant facts, testimony from OVP witnesses about the national security meetings he attended and the work he was assigned to perform, and the inquiries he made during the morning intelligence briefings.' Thus, the Court must determine whether the remainder of the proffered evidence, concerning the specific matters that commanded Mr. Libby's attention, may be admitted if he elects not to testify. [11 page snippage]


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