SOL Libby

[Me.]

"No memory expert for Libby trial"

"Judge called proposed key witness a 'waste of time'A key defense witness - a proposed memory expert - in the CIA/Leak trial of I Lewis "Scooter" Libby, the former top aide to Vice President Cheney, will not be allowed to testify at the upcoming trial.

Judge Reggie Walton, in an opinion Thursday, wrote the testimony of memory export, Dr. Robert Bjork, chairman UCLA's psychology department, would be a "waste of time," and could mislead and confuse a jury.

Libby's attorneys had argued many potential jurors do not understand the limits of memory and Libby should be allowed to call an expert to make that clear to them.

Judge Walton disagreed, and wrote in his opinion, "the average juror may not understand the scientific basis and labels attached to causes for memory error" but jurors encounter the "frailties of memory" as a "commonplace matter of course" and do not need the guidance of a memory expert to use their "common sense" in the understanding of how memory works." cont....


www.firedoglake.com/

[C_U_L8R]

1. Speaking of which.. what's happened with the Plame affair??

Where's Fitz? Where's Valerie? What's going on ??


Memory error.... ahhhchooobullshit

[Missy Vixen]

2. This is part of it

>Where's Fitz?<

Earlier this week, he was in court in Washington, DC re: CIPA issues. Libby's attorneys insist that classified documents must be used in his defense.

>Where's Valerie?<

She and her husband are hard at work on their civil suit, I'm sure. I just want them to make it to discovery. Pleaaaaaase, Santa, please.

>What's going on ??<

Please check www.firedoglake.com for the latest. There's actually a lot going on re: pre-trial hearings.

Julie

[C_U_L8R]

3. THANKS JULIE !

[H2O Man]

10. I would suggest

that when DUers hear Mr. Perle ranting about the Bush administration losing focus, etc, that he is speaking about the loss of juice that VP Cheney has. This translates into two important and closely related features: first, Perle & Co want Scooter pardoned; and second, they want a broader war in the Middle East.

Bush's refusal to pardon Scooter as requested is due in large part to other influences, which are not so much opposed to pardoning weasals, as they are concerned that doing so now would open a larger can of worms at a time when a new congress is coming to town.

[KharmaTrain]

15. A Democratic Victory Dilema

A great point about how booosh's hands are tied right now in even uttering the word "Scooter". I doubt he'd even go near a segueway :rofl:.

If Democrats take control of the House, that really puts boosh in a box...he needs to pardon Liddy before a trial starts or face classified secrets read in open court. Or, he pardons Liddy and that's all that Conyers needs to start his own probe.

Isn't the trial still slated to begin in January?

[H2O Man]

20. Right on both counts.

We are but two months away. The Libby supporters wanted a pardon this summer. Now Scooter has to think about if he should make a deal, or face trial. Do not be surprised if something happens between Thanksgiving and Christmas.

[Missy Vixen]

23. I want 10:00 PM Eastern time on Christmas Eve. n/t

[Me.]

27. OK Then

And while they're dealing, it better include Fat Dick on a spit

*shadow government*

[druidity33]

25. oops, that's a slip...

you said Liddy instead of Libby...

:shrug:

[KharmaTrain]

26. Sorry...Got My Gates Messed Up

Must be senility setting in...seems like Watergate all over again. :LOL:

Thanks for the correction...

:toast:

[Me.]

28. Maybe Not

Maybe you were channeling. IIRC, Libby always fancied himself the alter ego of Liddy

*shadow government*

[H2O Man]

43. These seems like

the Watergate days .... kind of like a re-make of a classic movie.

[Me.]

44. Yikes!

Naked Dick pic! He must be turning.

*shadow government*

[Missy Vixen]

22. H2O Man, I hope the following is correct

>Bush's refusal to pardon Scooter as requested is due in large part to other influences<

It's my understanding (after reading firedoglake,) that pardoning Scooter would mean that he would be available for testimony in another trial. It's also my understanding that Scooter would also be unable to take the Fifth in that subsequent trial, which would be disastrous for the Bushies.

They're now between a rock and a hard place. Pardon him, and reap the wrath of one special counsel, who may have something up his sleeve they won't like. Refuse to pardon Libby, and they risk exposure under cross-examination during trial.

What are your thoughts?
Julie

[H2O Man]

24. I think that

is accurate. The president can't afford to pardon Scooter. I will also say that while the corporate media and even many democrats have latgely forgotten or dismissed the Libby trial, the administration -- particularly the OVP -- is very concerned.

[KharmaTrain]

30. Now Are There Other Threads Being Pulled Here?

You mention the other trials...I'm trying to remember which ones Libby would be required to testify at.

Also, I think we see a quiet storm converging on 1600 Pennsylvania. One one side is Fitz and his investigation that sure looks to have its sites on the OVP...while the Abramoff scandal could easily now create havoc in the West Wing as those investigators get more cooperation from Abramoff and others (there's a pardon opporunity missed, no?).

When Fitz announced the trial wouldn't start until after the elections we expected the story to fade and even the pre-trial fireworks aren't getting any play as there's no real "sizzle" yet. But I think that's good, it's allowed Fitz to procede without the media circus and has won some big decisions.

I agree with you that something has to come to a head between before New Years...a late Friday night on the Xmas or New Years weekend?

I'll never forget the Sunday morning Nixon was pardoned. I signed on a radio station at 8am...as I was walking into the darnened building, the UPI machines (the old clunky ones) were ringing like fire alarms. I ran in and there was the wire reports...8am on a Sunday morning. I called the News Director and pulled him out of his girlfriend...he wasn't a happy camper that morning.

Cheers...

[H2O Man]

31. The other trial

that comes to mind is the civil case.

When Scooter told about his sharing the NIE with Miller having been okayed by the VP and President, it ruled out a pardon any time soon. By no small coincidence, I think we will find that Team Libby is trying to get any reference to Scooter's sharing NIE information with Miller removed from the trial. Hopefully we will get access to their latest filing soon.

[Me.]

4. At A Pre-Trial Hearing

He grilled and shredded the defense memory witness for 3 hours. Judge Walton's decision is the result of that hearing.

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/26/AR2006102601612.html

*shadow government*

[H2O Man]

11. I was unaware

that their memory expert had not remembered that she had met Mr. Fitzgerald before. That is hilarious. Perhaps she could have lectured the court about repressed memories.

[Me.]

17. That Was A Hoot

and at that moment it was, game over.

*shadow government*

[robertpaulsen]

5. Great news, Me!

I think I remember reading on Raw Story how Fitz raked this "memory expert" over the coals. I'm not surprised Walton rejected this charlatan.

[Me.]

6. Thanks RP

The link above to WaPo tells the story of the grilling in delicious detail. With everything going on today this story is flying under the radar. Thank goodness FDL is on their game.

*shadow government*

[Me.]

7. Things Are Traveling Fast Tonight

:kick:

*shadow government*

[BeFree]

8. So, there is still an ember glowing?

Had clean forgot about Scooter. So, the right arm man to Cheney is really going to trial? Hehhehe. This ought to be fun.

People may say that Fritz has failed, but that's not true. He just isn't done yet.

[H2O Man]

9. When Mr. Fitzgerald asked

Elizabeth Loftus about her bragging in her book "Witness for the Defense" about her ability to sway a jury "using my arsenal of subtle psychological tools" so that they would rule in the manner she wanted (the Oct 26 hearing), it must have been obvious to Team Libby that they had been put in check.

[H2O Man]

12. Also ....

There should be some new court filings that we would find interesting.

[stop the bleeding]

13. you rang?

1st set of 27 pages takes a second to load ;)


http://www.zinzang.com/siteframe/files/0002/11-02-06_27_pager.pdf">11/02/06 Memorandum Opinion - 27 pages

http://www.zinzang.com/siteframe/files/0002/11-02-06_27_Order.pdf">11/02/06 Order - 1 page


as usual stored in the vault here:

http://www.democraticunderground.com/discuss/duboard.php?az=view_oet&address=358x3589

[blogslut]

14. love you

:)

[Me.]

16. Second That Emotion

Thankful for all the filings STB

*shadow government*

[G_Leo_Criley]

21. Indeed...

thanks much! :applause:

glc

[H2O Man]

19. Beauty!

Do you have the Team Libby filing from earlier this week? I am under the impression that they are now haunted by the possibility of Ms. Miller taking the stand. In fact, I believe they are trying to have Scooter's infamous love letter, complete with its turning aspens, out of the jury's sight.

We are about 2 months away. I think when people see everything filed in the past 4 days, they will be amazed.

[stop the bleeding]

33. yes - there are several

I have tried to keep everything together :)


10/30/06 I. LEWIS LIBBY’S MOTION IN LIMINE TO EXCLUDE EVIDENCE RELATING TO REPORTERS’ FIRST AMENDMENT LITIGATION, CONTEMPT PROCEEDINGS, AND JUDITH MILLER’S INCARCERATION 12 pages

10/30/06 Exhibt(s) A - G 24 pages

10/30/06 Order 2 pages



10/30/06 I. LEWIS LIBBY’S MOTION IN LIMINE TO EXCLUDE EVIDENCE AND ARGUMENT CONCERNING VALERIE WILSON'S EMPLOYMENT STATUS AND ACTUAL OR POTENTIAL DAMAGE CAUSE BY DISCLOSURE OF THAT STATUS 14 pages

10/30/06 Exhibit A 27 pages

10/30/06 Exhibit B 37 pages

10/30/06 Order 2 pages



10/30/06 I. LEWIS LIBBY'S MOTION IN LIMINE TO PRECLUDE THE GOVERNMENT FROM OFFERING ANY EVIDENCE OR ARGUMENT THAT HIS DISCLOSURE OF INFORMATION FROM THE 10/2002 NIE WAS ILLEGAL OR IMPROPER 3 PAGES

10/30/06 Order 2 pages



10/30/06 GOVERNMENT’S MOTION IN LIMINE TO PRECLUDE EVIDENCE, COMMENT, AND ARGUMENT REGARDING THE GOVERNMENT’S CHARGING DECISIONS 13 pages





link to vault:

http://www.democraticunderground.com/discuss/duboard.php?az=view_oet&address=358x3589

[H2O Man]

34. I strongly recommend

that DUers read the Team Libby motions from 10-30. They are hysterical.

Again, thank you for the fantastic job you do in providing all of us with these documents.

[Me.]

38. Am I reading This Right?

Yes it may be that the president has the power to disclose info, even though it was the vice president who did it, but even if Mr. Libby was unaware it was done the government is not charging him with this and so it shouldn't be mentioned that he did it.

*shadow government*

[H2O Man]

40. Mr. Fitzgerald doesn't

need to focus on if Scooter's leaking the NIE to Miller, etc, was right or wrong. It is only important for the context. It shows the OVP working hard to counter Mr. Wilson.

There is a beauty of our legal system that is found in what is not said, sometimes. It has a power not unlike that found when a judge orders a jury to ignore something they've just heard. If the jury hears that Scooter talked to Judith Miller about the NIE and about Ms. Plame, I will say without any chance of being wrong that they will understand the significance.

[Me.]

41. For God's Sake

Let's not reveal he did it, after all he's not charged with it. What are you trying to do, bury him under the Aspens?:sarcasm:

*shadow government*

[H2O Man]

42. It can be revealed.

Mr. Fitzgerald simply is restricted from saying it was illegal or improper. He doesn't need to say it was illegal or improper. Just that he did it.

[DemReadingDU]

35. Thank you!

That's a lot of filings!

[H2O Man]

37. It sure is!!!

It goes a long way in answering those DUers who have had sincere questions about what Mr. Fitzgerald is doing, and if the case is still on track. These filings show that each side is making moves to try to define the structure of the up-coming trial.

Isn't it AMAZING that the Libbyites, who had been so insulting in publicly saying Valerie Plame wasn't a NOC, now are demanding that Mr. Fitzgerald NOT be allowed to introduce the truth about what her role was?

[H2O Man]

36. These are

outstanding.

[leveymg]

39. Thanks for doing that, STB!

Is that going into the research section here at DU? David may not know about that, and you're one of the most active contributors.

[Me.]

18. I Also Liked When Judge Walton Got Her To Admit

that jurors were smart enough to figure things out for themselves

*shadow government*

[bleever]

29. Libby's next expert witness:

Bob Fuscation.

Having a job and a kids with appetites and homework makes it hard to keep up sometimes, but I look forward to perusing the new filings.

[H2O Man]

32. This was a stunning blow

to the defense. And I think it is extremely unlikely, considering what took place in the hearing, that any appeals court will consider this ruling to have denied Scooter of a fair trial.

[Me.]

45. !

*shadow government*

[H2O Man]

46. Looking through these,

I find very little that would serve to comfort Scooter.

[stop the bleeding]

47. so

does anyone have a brief summary of where we are, now that people have had time to digest the latest filings?

thank you in advance

[H2O Man]

48. Things are good.

This week's rulings are very good for the prosecution. Team Libby lost the major issue, in terms of the memory "experts." That helps keep the case focused.

The other issues are also significant. Team Libby wants to try to limit the type of things that Mr. Fitzgerald can present in terms of providing a fuller context of the attempts to damage ambassador Wilson. No problem. Not surprisingly, Team Libby does not want the jury to hear the truth about what Valerie's role was within the intelligence community, nor about the damage that her being exposed actually caused our country. Funny, considering how loud-mouthed blow hards like Sean Hannity kept saying she wasn't a NOC, and that no harm resulted from her being exposed.

After the elections, the progressive grass roots will have a once-in-a-lifetime opportunity with this case. There will be two months until the trial starts. We need to push the case foreward in the public arena.

[Me.]

49. This Election Is Very Important In Regards To The Plame Case

If the dems take the house ( notice I say if, not jinxing it) we will have John Conyers in a stronger position to help us. And while it is said that Hastings wouldn't a very strong leader for the intelligence committee, I don't like the idea of Harman, as she was too colluding with the pugs in terms of getting info out and/or investigated. It is time Congress took a look at all of this and, correct the record.

*shadow government*

[stop the bleeding]

50. good

I was getting worried when I kept reading the Order(s) docs were saying "Granted" to Libby's motions. Mind you I only read them in passing as I was transposing them here so hence my dim view of these latest filings, but now that you have shed some light on them - things are much brighter.


lets give this thread a flame now

Post # 50 - KICK!


thank you btw

[H2O Man]

51. The things that

Team Libby requesteds in the "in limine" motions are interesting, but will not really be of any more help to the defense as to the prosecution. Usually the issues covered in these motions are related to constitutional issues -- things such as did the police get evidence without giving Miranda warnings -- that could prejudice a jury were they to hear them. In this case, Team Libby correctly has brought up issues that could cause a mini-trial within the larger trial, and which could cause damage to the defendant.

However, Mr. Fitzgerald has been clear that the case has to do with Scooter and his state of mind when he purposely lied to FBI investigators and to the grand jury. These issues involve the things Scooter said to others in the administration, as well as to journalists. These rulings do not limit Mr. Fitzgerald's ability to convict Scooter based upon the things that came out of his own mouth. And there is no chance of the jury not convicting Libby after they hear the case Mr. Fitzgerald has prepared for them.

This is a chess game, still. And Team Libby, despite their best efforts, are being moved in a direction that Mr. Fitzgerald has planned.

[Me.]

52. Chess Game Is Right

It reminds me of the chess piece on Plame you did for DU at the beginning of the year called "Your Move"
and which can still be found on your blog

http://h2oman.blogspot.com/2006_02_01_h2oman_archive.html

*shadow government*

[H2O Man]

53. Sounds familiar.

I think it has proven to be accurate.

[stop the bleeding]

54. I appreciate your counsel

along with the other DU scholars here




:kick: