Libby Jury’s Query Puzzles Courtroom
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WASHINGTON — The first question from jurors at the perjury trial of ex-White House aide I. Lewis “Scooter” Libby prompted a lot of head-scratching yesterday but shed little light on their progress.
The jury, now down to seven women and four men, stumbled briefly over legal language in one of the five counts against the former chief of staff to Vice President Cheney. They sent a note to the judge seeking clarification late Tuesday at the end of their fifth day of deliberations.
U.S. District Judge Reggie Walton and nearly a score of defense lawyers and prosecutors spent part of Tuesday evening in their offices and a portion of yesterday morning in court puzzling over what the jurors were asking and how to respond.
Judge Walton remained uncertain, so he sent the jurors a note late yesterday morning asking them to clarify their question. By that time, the jurors had resolved their difficulty on their own and moved on.
“After further discussion, we are clear on what we need to do,” the jury wrote back. “No further clarification needed. Thank you. We apologize.”
This episode set off a welter of speculation over what the question might suggest about the jurors’ deliberations. The jurors asked about the third of five counts, leading some observers to speculate they might be halfway through their work.
Others, however, suggested the jurors might have reviewed testimony and exhibits before considering specific charges, and then begun with the third count because it is the least complex.
Mr. Libby is accused of obstruction of justice and of lying to the FBI and a grand jury in 2003 about how he learned the identity of CIA operative Valerie Plame and what he said to reporters about the woman, who is married to prominent Iraq war critic Joseph Wilson.
Jurors asked about the charge that Mr. Libby lied to the FBI about his conversation with Time magazine’s Matthew Cooper. Mr. Cooper testified that Mr. Libby confirmed for him that Ms. Plame worked for the CIA. Mr. Libby told the FBI he had only told Mr. Cooper he’d heard that from reporters but didn’t know if it was true.
