Fitzgerald's return will be fun to watch by John Kass - a must read.
I stand by my long-held prediction, that regardless of the outcome of the trial, the opposing political sides will remain entrenched in their respective positions.
And a new one, that the opposing sides will revert to dissecting this case as a question of "who leaked Plame?" or its corrolary, "No leak? Then no crime!"
This trial didn't have a happy outcome, but I believe it is the correct outcome. Correct to be charged, and a correct conclusion by the jury. Just my opinion, rejected by most who follow the same rightward-leaning political path that I do.
Says Ted Wells (my sloppy paraphrase, but it gets the sense of the direction the defense has planned ...
We are very disappointed in the verdict of the jury. This jury deliberated for 10 days. We believe in the American justice system and we believe in the jury system. We intend to file a motion for a new trial, and if that is denied, we will appeal the conviction, and we have every confidence that ultimately, Mr. Libby will be vindicated. Mr. Libby is totally innocent, and did not do anything wrong.
The motion for retrial will be a good precursor for the appellate brief - and Libby is entitled to an appeal as a matter of law.
Fitzgerald makes a brief appearance and takes Q&A.
Gratified by verdict. Jury worked long and hard and deliberated at some length. The jury was able to conclude guilt beyond a reasonable doubt. We wish that a high official hadn't lied under oath, but it happened. We're thankful for the service of the jury.
We knew in December that Libby had told lies to the FBI. It's inconceivable that a prosecutor would walk away from the extent of lying that we saw. He was not comfortable walking away from the lying and saying nothing wrong was done.
Any lie under oath is serious. A prosecutor has a duty to enforce that principle.
No comment about Cheney - Cheney is not the subject of our investigation, and our mention of him in closing was to show Libby's state of mind.
What of "cloud over the VP and cloud over the WH?" What was said in closing was rebuttal to the defense that said the prosecution cast the cloud over the VP. The cloud was caused by Libby's lies - he could have removed that cloud, but he didn't.
He expects to file no further charges. The investigation was inactive before the trial. If we get new information, we will act as that information indicates.
He thinks the verdict should stand, but he won't predict how an appellate court would respond to arguments not yet made.
Won't predict what sentence Judge Walton might hand down.
Of course he was worried about the verdict during the extended deliberations.
"Her relationship with the CIA was classified." [whatever that means]
And a few items from Q&A with the jury ...
Jurors say their decision was driven by Libby's version of the Russert conversation. 34 sheets (easel sheets) of pieces of information that Libby was told (he may have forgotten), and while we believed that Libby had a bad memory, Hannah's testimony was self-conflicting in that even if he (Libby) forgot who told him, he remembered the fact he was told.
Too many things just didn't add up to knowing on Tuesday, forgetting on Thursday (Russert).
Took a long time because they considered all counts, all elements, and played testimony through "motive?" "credibility?" and other filters.
The jury dismissed on Count 3 because the evidence of Libby's words came from Cooper, and somewhat from Martin (except she walked away). The jury saw the charge as Cooper's word vs. Libby's word. If Cooper really had confirmation from Libby, his notes would have said so, and his actions would have indicated two sources for the story - that is, the story would have run. In the end, reasonable doubt, even though Cooper was reasonably credible.
No negotiations over trading one count for another.
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