Posted on 10/31/2006 10:28:50 PM PST by STARWISE
Attorneys for I Lewis "Scooter" Libby don't want a jury in the CIA/Leak trial to hear testimony about why former New York Times reporter Judith Miller went to jail. His lawyers also want blocked all evidence surrounding the government's efforts to get testimony from other reporters believed to have learned of Valerie Plame's identity from officials in the government.
In a court filing Libby's lawyers argue that, "the facts relating to the contempt proceedings against Judith Miller and her 85-day stint in jail are particularly convoluted and have a heightened potential to confuse the jury," write Libby's attorneys.
The defense filing underscores that Libby always wanted Miller to testify about their discussions.
(snip)
Battling jury assumptions
Libby's lawyers also say that a jury may speculate about why certain reporters resisted testifying and "assume, incorrectly, that certain reporters were trying to protect Mr. Libby by fighting the subpoenas from the grand jury."
Attorneys for the former top aide to Vice President Cheney write, that opening the door to issues relating to Miller's initial refusal to testify to the grand jury, "would undoubtedly cause jurors to wonder whether Ms. Miller went to jail in an effort to shield Mr. Libby from liability, and whether Mr. Libby is to blame for her incarceration."
His lawyers say that kind of speculation by a jury would prejudice the case against their client. They threaten to call Special Counsel Patrick Fitzgerald as a witness if testimony is allowed about communications between Miller and Libby concerning his confidentiality waiver to the reporter.
(Excerpt) Read more at msnbc.msn.com ...
Ding!
Why is this case still being prosecuted? Not only was no crime committed in the first place, but the person who did it has been identified.
Confounds me.
It is a complete puzzle. Weirdest thing I ever saw.
You have to start wondering what's the matter with the judge? This case should be gone.
This is getting more ridiculous than the trial in ALICE IN WONDERLAND.
It is happening so Special Prosecutor Patrick Fitzgerald can make his bones and justify the expense. Outting Plame by itself was no crime or that would be on the charge. The entire case was a crock.
Fitzgerald looks like Nifong and may be feathering his nest to be a Dem. AG.
She's so great at distilling the big picture.
He created a bogus case knowing, from the start, who the leaker was.
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