Libby Trial Jurors Ask Questions

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The New York Sun

WASHINGTON — Jurors asked at least three more questions yesterday before completing the ninth day of deliberations in the trial of a former White House aide, I. Lewis “Scooter” Libby.

The notes were not made public, but late afternoon court arguments showed that at least one question centered on what evidence jurors could use to consider whether Mr. Libby lied to the FBI.

Mr. Libby is accused of lying to the bureau and a grand jury about how he learned the identity of CIA operative Valerie Plame and whom he discussed it with in 2003. Mr. Libby says any inaccuracies in his statements were the result of his faulty memory.

Jurors asked whether they could use Mr. Libby’s grand jury testimony, which was played in court, as evidence that Mr. Libby lied during an earlier FBI interview. Special Prosecutor Patrick Fitzgerald said the answer should be “yes,” but Mr. Libby’s lawyers say one thing is not evidence of the other.

Walton sent jurors home and said he would answer the questions today.

The questions, on the heels of a note asking for clarification of the term reasonable doubt, suggest that at least some jurors still are wrestling with the facts of the case. Specifically, jurors seem to be focusing on discussions Mr. Libby had with Time magazine reporter Matthew Cooper.

Mr. Cooper says Mr. Libby told him that Ms. Plame worked for the CIA. Mr. Libby says he confirmed that he had heard that from other reporters but did not know if it was true.

The five charges against Mr. Libby carry a combined top penalty of 30 years in prison. Federal sentencing guidelines would call for a far shorter sentence — possibly one to three years — even if he were convicted of all five counts.


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