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Case 1:05-cr-00394-RBW     Document 265-1     Filed 02/06/2007     Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

DEFENDANT'S PROPOSED INSTRUCTION CONCERNING THE INTELLIGENCE
IDENTITIES PROTECTION ACT

    Prosecution witness David Addington testified that he provided Mr. Libby with a copy of the Intelligence Identities Protection Act, 50 U.S.C § 421. E.g., T. 1/30/07 at 8-9. The IIPA is alluded to again in Mr. Libby's grand jury testimony. E.g., March 5, 2004 Grand Jury T. at 3. It may well be mentioned again in the course of the trial. To ensure that the references to the statute do not confuse the jury and prejudice Mr. Libby, we ask the Court to give the following instruction:

You have heard references to the Intelligence Identities Protection Act, or IIPA, which appears at Title 50 of the United States Code, Section 421. The IIPA makes it unlawful to disclose information identifying a covert agent to a person not authorized to receive classified information, when (I) the person making the disclosure mows that the United States is taking affirmative measures to conceal the coven agent's relationship to the United States, and (2) the person acts knowingly and intentionally. You should keep in mind that Mr. Libby is not charged with violating the IIPA. Evidence concerning the statute has been admitted solely for any bearing it may have on Mr. Libby's state of mind. You may not consider that evidence for any other purpose.

Case 1:05-cr-00394-RBW     Document 265-1     Filed 02/06/2007     Page 2 of 3

Date February 6, 2007     Respectfully submitted,

Theodore V. Wells, Jr.     William H. Jeffress, Jr.

John D. Cline

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Case 1:05-cr-00394-RBW     Document 265-1     Filed 02/06/2007     Page 2 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of February 2007, a copy of the Defendant's Proposed Instruction Concerning the Intelligence Identities Protection Act was served by hand upon:

Patrick Fitzgerald, Esquire
Kathleen Kedian, Esquire
Peter Robert Zeidenberg, Esquire

/s/
John D. Cline

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posted by cboldt  # 2/06/2007 12:49:00 PM