Libby Lawyer Plans Lack-Of-Memory Defense

[maddezmom]

WASHINGTON - The lawyer for Vice President Dick Cheney's former top aide is outlining a possible criminal defense that is a time-honored tradition in Washington scandals: A busy official immersed in important duties cannot reasonably be expected to remember details of long-ago conversations.

Friday's indictment of I. Lewis "Scooter" Libby involves allegations that as Cheney's chief of staff he lied to FBI agents and a federal grand jury. Libby, who resigned immediately, was operating amid "the hectic rush of issues and events at a busy time for our government," according to a statement released by his attorney, Joseph Tate.

"We are quite distressed the special counsel (Patrick Fitzgerald) has not sought to pursue alleged inconsistencies in Mr. Libby's recollection and those of others and to charge such inconsistencies as false statements," Tate continued.



"As lawyers, we recognize that a person's recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred."

more: http://www.idahopress.com/articles/2005/10/28/ap/headlines/d8dhiij00.txt

[truthisfreedom]

1. and especially when the questions in question are of a sensitive and

pertinent nature.

what a fuckwad. he doesn't stand a chance... he lied straight up about hearing Valerie's name from Cheney. this is a make-believe defense that is so pleasingly transparent, i can almost hear the sound of the metal-barred doors slamming as he goes up the river for a few years... only to be pardoned but left shamed forever, a relic who can be trotted out on late-night talk shows to describe his ordeal as he re-lives, again and again, the "Nightmare Before Fitzmas."

[MagickMuffin]

14. He lied and he KNOWS he Lied

I was reading the indictment and it explains how Libby found out about the Wilson's. After he found out he had sensitive documents faxed over from the CIA, the faxed documents, which were marked as classified. So, who is the Under Secretary of State, who revealed Joe's name? I think that that would be none other than John Bolton. And when you think about it he did take the time to visit lil' ms. Judy in prison.

<<Snip from indictment>>

4.
On or about May 29, 2003, in the White House, LIBBY asked an Under Secretary of State (“Under Secretary”) for information concerning the unnamed ambassador’s travel to Niger to investigate claims about Iraqi efforts to acquire uranium yellowcake. The Under Secretary thereafter directed the State Department’s Bureau of Intelligence and Research to prepare a report concerning the ambassador and his trip. The Under Secretary provided LIBBY with interim oral reports in late May and early June 2003, and advised LIBBY that Wilson was the former ambassador who took the trip.
5.
On or about June 9, 2003, a number of classified documents from the CIA were faxed to the Office of the Vice President to the personal attention of LIBBY and another person in the Office of the Vice President. The faxed documents, which were marked as classified, discussed, among other things, Wilson and his trip to Niger, but did not mention Wilson by name. After receiving these documents, LIBBY and one or more other persons in the Office of the Vice President handwrote the names “Wilson” and “Joe Wilson” on the documents.

[ShockediSay]

2. Careful; Reagan used that defense

and God punished him.

[shockingelk]

9. Yeah, but

I'd completely believe Reagan if he said he couldn't remember conversations two years ago.

In fact, I'd believe it if Reagan couldn't remember what question he was answering .... "Where am I? Who are you people?"

[leesa]

53. They need to save this defense for Dumbya's trial for treason and war

crimes.

[aint_no_life_nowhere]

3. Libby was a prominent Washington lawyer with a notorious memory

I've heard several commentators on television today anticipating such a defense on Libby's part and claiming that Libby prided himself on being extremely detail-oriented and having a mind like a steel trap. Even Cheney praised Libby for leaving his highly successful law practice to come to work for him. Libby is one of the least likely individuals in that White House to suffer from unintentioanl memory lapses.

[0rganism]

4. Well, I guess it's better than a Lack-of-Integrity defense

Libby's Fantasy Hearing:

"Your honor, I can barely remember which street I live on. How can I be expected to recall conversations with the Vice President?"

"You're an idiot. Case dismissed."

[sarcasmo]

33. Isn't this the Ollie North defense. I do not recall.

[BiggJawn]

37. AND John Dean..."To the best of my recollection, I can't recall"

*I* seem to recall that his wife, who was somewhat a babe, sat behind him in short skirts during his testimony...

[Joe Chi Minh]

41. Said to by his defence attorney to be their star witness.

Had to be made very visible!

[BiggJawn]

43. Didn't Sharon Stone study films of her for "Fatal Attraction"?

All that leg-crossing?

[Joe Chi Minh]

61. I don't ken, but there was a constant twinkle in the eyes of

John's defense counsel, when he looked at her.

[radfringe]

5. Sgt. Shultz defense?

I know nothing....

[maddezmom]

6. LOL...that's needs a photoshop with Libby's face

:D

[driver8]

7. OMG -- that would be perfect. It would make a great t-shirt!

[Pastiche423]

51. A quickie...

[IndianaGreen]

11. Hey, that works!

Everytime my boss asks me a question I always reply "I know nothing!" If that fails, name names.

[leesa]

54. I'm waiting for the 'naming names' part. How long will the various

chickenshits hold out when faced with jail time?

[bballny]

18. didn't work

for Bernie Ebbers

[rhett o rick]

26. But who's Commandant Klink? nt

[shockingelk]

8. TAKE HIM TO GITMO!!!

THEN he'll talk.

:sarcasm:

[ET Awful]

10. Except that at the time he made the false statements, it had only been

a few months since the events occurred.

That defense won't fly, especially when compared against written notes of others taken at the same time.

[joeunderdog]

20. He was told on THREE separate occasions about Plame's status.

Fitzgerald detailed those instances as if to say--don't even bother trying to say you don't remember. Gonna be hard to argue that he should be out of a nursing home, much less Cheney's Chief of Staff if his cognitive skills are that eroded that he forgot those 3 situations.

If this defense worked, no one could be convicted. Can't blame him for trying, after all, because his hand is squarely in the cookie jar.

[Joe Chi Minh]

42. "If this defense worked, no one could be convicted..."

Precisely. If it ever had a useful life for anyone's purposes, it is now surely long gone, after the shameless parading by the neocons of the convicted and then pardoned Arms for Iraq criminals, as staunch patriots!

To their immense credit, the likes of Watergate's Dean, Erlichmann, McGruder et (possibly) al, have not denied their felonious behaviour. On the contrary. Though Liddy, I believe, is one of the exceptions.

[goclark]

49. It could be called the FEMA Defense

"We don't remember getting a call for help from the Mayor of NO."

"

[NashVegas]

29. Exactly!

The lies started almost immediately!

And don't forget, he's up for obstruction as well as perjury. If a pattern of intent obstruction can be shown, no way this defense is going to fly.

Jury selection is going to be interesting, though.

[cassiepriam]

12. It worked for Reagon.

[moondust]

13. Mr. Photographic Memory?

Not believable. Apparently everybody who knows him knows better.

[Sgent]

15. Just a question...

Doesn't lack of memory defense require Libby to testify?

Doesn't libby under oath in a witness chair being cross examined play into Fitz's hand almost as well as a conviction?

[Igel]

35. Yes and maybe.

It sort of depends on what Libby says. But he'd be required to testify, unless possibly there's a reporter they dig up that actually remembers that particular conversation as Libby reported it--in that case one could say that he got the conversation right, but misremembered the name. It's a long shot, and even then I'd expect him to get up and testify.

He's already been under oath in the witness chair a time or two and examined, and presumably previous evidence given by him was used to question him.

The problem is that the cross-examination would probably be limited to the actual charges, which are quite limited in extent.

[TheGunslinger]

16. Someone start slipping some Gingko Biloba in his food.

"can't recall".


What a putz!

[rodeodance]

17. lots of it.

[cureautismnow]

19. Oh, sure. I'm always confusing Crashcart with Tim Russert.

Puh-lease. Cheney was his friggin' boss. You don't forget what your employer tells you. Sometimes, your livelihood depends on it. Really, the depth of their arrogance and lack of respect for truth knows no bounds.

You'll look mighty fine in stripes, Lying Libby.

[Maeve]

21. It's the Steve Martin defense--"I forgot it was illegal"

Never take notes, they'll just come back to bite you. Don't let anyone else take notes, either. :eyes:

[UpInArms]

22. "lack of memory" will not work with other admin statements

http://www.usatoday.com/news/washington/2005-10-28-libby-analysis_x.htm

excerpt:

Since he became Vice President Cheney's chief of staff and national security adviser in 2001, Libby has been privy to many of the Bush administration's secrets. His passion, one he shared with his boss, was for foreign policy, and it was his job to know the most confidential details about what other governments, both friends and potential enemies, were doing.

His job also required him to know what was going on in other parts of his own government: the CIA, the State Department, the Pentagon. His reputation, like Cheney's, was that of an enforcer willing to confront or undercut those who disagreed with him. And he had power — lots of it. When President Bush met with his Cabinet this past Monday, Libby was there.

<snip>

"Libby had a good lawyer's understanding of the value of caution, patience — and silence," Bob Woodward wrote in Plan of Attack, his 2004 book about preparations for the war with Iraq.

"He's brilliant, he's meticulous, he's both detail-oriented and strategic," says Mary Matalin, a former Cheney counselor. Libby "really is the alter ego to the vice president."

...more...

[tanyev]

23. That's why they don't want more stringent testing for mad cow!

Then you could never use it as a legal defense tactic.

[Jim__]

24. "I don't recall" is one thing.

Giving the same detailed, incorrect story many times; a story that also just happens to exonerate you is someting else. My bet: it won't fly.

[speedoo]

25. Plus, Libby's testimony had a ring of certainty.

Did he not say things like "I was very clear." etc.?

[Igel]

36. That's the weird thing.

It's hard to lie convincingly and repeat the same story over and over--remembering a construct as a construct, and remembering events (real or imagined), are different.

And it's incredibly boneheaded to repeat the same story over and over when it's important, the only other witness is alive, and you can predict for sure that the investigator will talk to that witness.

[NashVegas]

28. Being Asked to Step Forward in Summer of 2003 Is Another

How is it that 10 people all have better memories?

[LizW]

30. Exactly. Why didn't he say, "I can't remember," when he testified?

Because he was trying to sell a lie to the grand jury.

Sorry, but the Alzheimer's Defense doesn't work for Libby.

[stlsaxman]

27. "Oh- uh... I FORGOT!"

that won't fly.

[wildflowergardener]

31. Pardons

Hi. I read this story on yahoo this morning. It made me think - what's to stop Bush from just pardoning anyone who is convicted in this case? Anything?

Meg

[I_am_Spartacus]

32. As the indictments suggest, however, why did Scooter's

faulty memory lead him to focus repeatedly on a version of the past revealing that he knew exactly what he needed to say not to get indicted.

He fautily remembered that he heard other reporters tell him that Plame was in the CIA.

That's the one version of the past that would have gotten him off the hook.

Why didn't he fautily remember that he couldn't remember where he heard her identity? Or why wasn't his faulty memory closer to the truth (which was that three separate people with security clearance told him the truth on three different occassions)? Like, say, why didn't he remember that he was told her identity but that it was never made clear to him by the people who told him that her identiy was top secret?

Incidentally, it's strange that he would have thought that reporters were going to give him more coverage for his lies than people within the government -- kind of suggests that the people in the CIA are patriots who wouldn't ever blow the cover of a spy, but that the reporters whose corporate employers helped the Bush administration so much beginning during the 2000 election coverage, might be more willing to faultily remember things for Scooter's benefit.

[Pharlo]

34. Well then, based upon Mr. Schweitzer's definition, Libby's a happy man:

"Happiness? That's nothing more than health and a poor memory."
Albert Schweitzer

[wordpix2]

38. maybe when the witnesses arrive at the trial, i.e. Cheney, Rove,

Ari Fleisher, the "Under Secretary," "Official A," et. al. LIBBY will recall the details.

He is going to flip so as not to go down for 30 yrs. and spend the rest of his lying life in jail.

Major Media asking all night last night: What did prez and vice-prez know and when did they know it? A number said that Fitz can't answer and WH is stonewalling but media can ask and give answers as they get them.

[Amonester]

39. We all know Al Capone had memory losses about his tax forms.

:sarcasm:

http://icasualties.org :cry:

For ExxonMoHelliburt :grr:

[Joe Chi Minh]

40. Surely, it's not a matter of remembering what one has said,

but what was the truth. The former shows a prioritising of personal exculpation over a truth attested by the individual at the time.

[twaddler01]

44. ...

deleted for dup.

[twaddler01]

45. there is a difference between memory and lying

How stupid can you be...Please correct me if I'm wrong, but usually when you have inconsistancies in your story it is because it is a lie....any idiot would know that!

[johnnydrama]

46. no chance

No chance that defense has a possibility of working.

When you don't remember something, you don't come up with alternate facts.

If yesterday I went to the zoo, and I tell somebody i went to the beach, that's not bad memory, that's a lie.

Rove went for the I can't remember defense when testifying, that's why his case isn't as easy.

Libby actually flat out lied when he talked about Russert.

[maryallen]

47. Libby's case will NEVER go to trial ...

The Shrub will pardon him, so ...

What does it matter if he remembers or not?

All for show -- the lawyers talking defense strategies.

[wordpix2]

50. don't be so pessimistic---WE the PEOPLE will haul him up

along with all of BushCo

[unblock]

48. how on earth does this defense help his client???

if a prosecutor has witnesses and deposed statements, he doesn't need the defendant to admit guilt or remember a damn thing.

and if libby didn't remember, then the time to say that was when he was being deposed. if he claims amnesia now, they've still got his deposed lies.

this is the most idiotic legal defense ever, unless it isn't actually a legal defense so much as a p.r. defense....

[leesa]

52. That's a hoot...in the day of e-mails and recorded conversations?

Everything is on record...perhaps Fitzgerald can jog his memory with concrete evidence.

[lovuian]

55. Libby Said to Concoct Story in Leak Case

http://news.yahoo.com/s/ap/20051029/ap_on_go_pr_wh/cia_leak_reconstruction

WASHINGTON - The prosecution's conclusion: Vice President Dick Cheney's chief of staff zealously pursued information about a critic who said the Bush administration manipulated intelligence to make the case for war.

ADVERTISEMENT

The view of the president and vice president: I. Lewis "Scooter" Libby is a dedicated public servant who has worked tirelessly on behalf of his country.

Is Libby an influential White House adviser who lied? Or is he a man with a hectic schedule who happens to remember events differently from the reporters and administration figures who will eventually be called to testify against him?

more...
Alchemy at its worst!!!

[disgruntled_goat]

56. alchemy?

I think Hermes Trimestigus would disagreee

[lovuian]

57. Its because of the word concoct!!! Sorry don't want to insult

Hermes Trimestigus but you must admit there are amatuers out there and Scoobie would be one of them!!!

[Hissyspit]

60. LOL. Yep. This administration as amateur alchemists.

Very good metaphor.

[TaleWgnDg]

58. But, but . . . "I don't recall." . . . n/t

[DoYouEverWonder]

59. Makes you wonder what else he lied about?

I mean you would have thought that Wilson would have been just a minor annoyance in the grand scheme of things?