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The Judge excuses the jury for lunch and takes up the issue of what memory defense Libby may raise if he doesn't testify. Libby filed this brief yesterday.
The Judge said he misspoke when he said Libby couldn't raise the memory defense unless Libby testified. He was only talking about evidence that would show what matters were of specific importance to him. He wasn't talking about which matters he was working on, which his aides could testify to. The Government argues it's not relevant what specific matters he was working on.
Libby attorney John Kline says there has been no decision on whether Libby testifies. They won't decide until the end of the case.
They are now arguing over the admission of the Government's agreed upon facts. The Defense wants it admitted even if Libby doesn't take the stand. Kline points out that he told the judge during the CIPA hearings that Libby might not take the stand.
Judge will not allow it. He says the Court of Appeals can reverse him if it wants.
Kline says they relied on it in opening statement.
Judge tells him he should have clarified it.
Lunch time, I'll start a new post after lunch.
Bob Novak should be on the stand.Link (end of post):
http://www.huffingtonpost.com/jeralyn-merritt/libby-defense-begins-with_b_41009.htmlI'd love to be there watching the worm squirm.
:evilgrin: