No Easy Answers

Thursday, March 01, 2007

Libby Trial - Jury Instructions

In other news (not related to jury instructions - posted here because I think some people check the top of the blog instead of the frequently-updated index of proceedings) ...

Case 1:05-cr-00394-RBW     Document 307     Filed 03/01/2007     Page 1 of 4


And on the subject of jury instructions ...


Which appears in the context of Tom Maguire's February 28 post, Jury Instructions.

Snippets from the jury instructions (with observations of their relationship to instructions advocated by opposing parties) were previously posted at Example Pages from the Jury Instructions, just below.

I've "OCR converted" and edited all 127 pages of the instructions and may post it after the jury renders a verdict. Meanwhile, visit here for the complete conversion by others. I'm limiting this presentation to a brief summary and the text of the Theory of Defense instruction.

Pages 1-52 contain general instructions, and as noted here, Libby LOST his argument regarding certain contents of the memory instruction.

Pages 53-104 comprise recitation of the specific counts and findings that must be made in order to render a guilty verdict.

Libby obtained an "ambiguity" instruction, which the prosecution argued against giving. The "ambiguity" language appears in the perjury counts.

Pages 105-127 contain the following instructions:

Compare with Libby's Revised Theory of the Defense of Feb 15.

        Mr. Libby contends that the government
     has not proven beyond a reasonable doubt
     that he intended to or did obstruct
     justice, make intentionally false
     statements to the FBI, or make
     intentionally false statements to the grand
     jury.  Mr. Libby contends that he told the
     FBI and the grand jury his honest
     recollections at the time, and to the
     extent any of those recollections were
     incorrect, his mistakes were innocent.  He
     contends that he lacked any notes of the
     conversations about which he was
     questioned, and that he was unable to
     refresh his recollection by reviewing the
     notes of other people and discussing with
     them their recollections of events.  He
     further contends that the amount and scope
     of vital national security issues and
     information confronting him on a daily   
     basis during June and July 2003, affected


     his memory of any brief conversations about
     the employment of Ambassador Wilson's wife
     when he talked to FBI agents in October and
     November 2003, three or more months after
     the conversations are alleged to have
     occurred, and when he testified to the
     grand jury in March 2004.  Mr. Libby
     further contends that when the
     investigation began, he knew that he had
     not provided any information about Ms.
     Wilson to Robert Novak.  He also contends


     that he did not know that Ms. Wilson's
     employment status was covert or classified
     and that he did not knowingly disclose
     classified information about Ms. Wilson to
     any reporters.  Further, Mr. Libby contends
     that he was well aware when he was first
     interviewed by the FBI and when he
     testified to the grand jury, that the
     investigators could and likely would
     attempt to talk to government officials and
     the journalists he spoke with concerning


     Ambassador Wilson.  Mr. Libby submits he
     had no reason to lie to the FBI or the
     grand jury, and did not do so.



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