Posted on 11/02/2006 2:45:47 PM PST by Laverne
Former White House aide I. Lewis "Scooter" Libby will not be allowed to use a memory expert at his perjury and obstruction trial, a federal judge ruled Thursday, blocking a key tactic in Libby's defense strategy.
Libby, who is accused of lying to investigators in the CIA leak case, wanted an expert to testify that memory is unreliable, especially during times of stress. Libby says he had national security issues on his mind and any misstatements he made about the leak of CIA officer Valerie Plame's name were mistakes, not lies.
U.S. District Judge Reggie B. Walton said allowing a memory expert would be a waste of time and would only confuse the jury. Walton said jurors, like everyone else, understand that memory sometimes falters and can judge for themselves whether witnesses are reliable.
The issue provided the case's first courtroom drama last week when Special Prosecutor Patrick Fitzgerald spent hours questioning the research of memory expert Elizabeth Loftus. Fitzgerald picked apart the psychologist's testimony until she acknowledged errors and misstatements in her findings.
The trial is set to begin in January. Libby's lawyers have said the former aide to Vice President Dick Cheney will testify.
Plame's CIA status was leaked in 2003 as her husband, former ambassador Joseph Wilson, criticized the Bush administration's prewar intelligence on Iraq. Plame believes she was outed as retribution, a claim Fitzgerald spent three years investigating. Nobody has been charged with violating a law by discussing Plame.
Scooter Ping.
Why,oh why,doesn't the President just pardon this guy.The fact that he's facing charges at all is a travesty given the circumstances of this case!
hhmmmmmmm...it worked great for Hilary.
This whole case is a waste of time
Nov 8 is coming.
Thanks for the ping.
The "Scandal about Nothing" continues.
Not until he is going to leave office. No sense in giving the other side anything to work with.
On this point I agree with the judge.
Pardon him on November 8 after we retain Congress, then laugh at the MSM when it has a coniption.
A pardon would imply guilt
We all know the background on this. Gonzales should dismiss ftzgerald and drop the charges
This is a good thing. The "memory expert" idea was idiotic, and maybe deliberately so. Walton has an opportunity to chalk up a "win" for the Fitz side and now he owes Libby one.
That being said, I still cannot believe that Walton hasn't thrown this case out yet. The crime Fitz was charged to investigate was never committed, and the guy who actually first leaked Plame's name was never charged for the crime that was never committed. That this case continues onward at taxpayer expense is a scandal and a disgrace.
Gonzales should dismiss ftzgerald and drop the charges
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Exactly. Just the left doing the best it can to justify its pathetic stinking existence.
Given the circumstances of the case there's no way that Libby should have to spend a day in court or spend a nickel in lawyers' fees,let alone spend a day in jail.
Yes,it should be done after next Tuesday....but the President shouldn't wait much longer than that,IMO.
I agree completely. I keep thinking there must be some reason the judge has not tossed Fitzy out on his rear end and dismissed the case. I simply do not understand why this is still ongoing. Hopefully, right after the election the judge will wake up and tell Fitzy to go home, leave Libby alone, and chastise Fitzy for going too far over a non-crime.
Libby will make up is debt on fees by going out and giving speeches. Happens when you are in Washington.
The jail thing is a no go though. He could get convicted then go out on appeal. Get a pardon after the 2008 elections.
Bump!
Talk about a dishonest judge rigging a trial. These libs have to get some scalp out of this fake case.
President Bush should just pardon Libby.
If the Judge was any good he would throw the whole case out and order Fitz turned over to the bailiffs for defrauding the government of millions of dollars.
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