
"I am completely without objectivity. There is nothing you can say that would make me feel positively about President Bush."*
Thus spake the eighth of nine prospective jurors reviewed by Judge Reggie Walton, Prosecutor Patrick Fitzgerald and defense attorneys Ted Wells and William Jeffress today. She had indicated on her juror form she had some strong opinions about the Bush administration, and, queried in her turn by Judge Walton, she cast her eye over all assembled in the courtroom and declared herself.
"So, you are saying you do not believe you could render a fair and impartial verdict in this case, based on the evidence and according to my instructions to the jury prior to deliberations?," Judge Walton followed.
"That's right," she responded, whereupon she was immediately excused from jury duty.
The juror who preceded her took a bit longer, with much questioning and circling around questioning by Mr. Wells, before confessing that, though he would like to think otherwise, it is likely the case that his opinion of Vice President Cheney's credibility is so low that, were sworn testimony offered by Cheney to be contradicted by another witness, the prospective juror would be hard pressed not the feel predisposed to find the vice president unbelievable. This juror, of the nine reviewed today, actually knew the most about the backstory of the case, even to the point of naming Richard Armitage as the first to leak Valerie Plame's identity as a CIA agent.
To assess the tenor of the news coverage this juror had previously read, Ted Wells asked this juror if he reads blogs. "Yes," he replied. "Which ones?" asked Wells. "Andrew Sullivan. Time. Wonkette. Powerline, occasionally, and the Huffington Post, occasionally (hello to you, dude!). . . Some of them are pretty good. I stay away from the crazies.” The media room erupted in laughter, as I took a seated bow.
He was excused from the jury for his admission that he could not assure the court his assessment of the vice president would not color his thinking about testimony and evidence.
Therein lies the challenge for Team Libby: of the nine jurors reviewed in depth today, three were excused. Two I've described to you, and one was excused due to the demands on her time of her work commitments as a free lance contractor paying the rent month to month. What's telling is this: no jurors were excused for cause based on any predispositions that might prejudice them against the prosecution. Just the defense.
Libby has a war problem, and though this case is narrowly about felony charges of obstruction of justice and perjury, wherein the case for war in Iraq provides only the setting, the unavoidable drama and context of this case is the case made for war in Iraq and the credibility of this administration, and in particular, the Office of the Vice President.
The national polls are what they are. The president is wildly unpopular and growing more so with his every subsequent utterance; Dick Cheney is even less popular than President Bush. The public overwhelmingly is rejecting the administration's policies and reluctantly coming to the conclusion that, at best, the administration innocently provided bad information to the country, but is intransigent in the face of developing reality. And through all this, to attempt to get a fair trial, Team Libby must scratch to find jurors without strong opinions or preconceptions on these matters, in Washington, DC, of all places (more than one potential juror, when asked if they had heard or read of any controversy alleging the administration had provided the country with bad information in making its case for war, replied, "In this town? Are you kidding?").
The Libby team's jury selection strategy seems rather clear: if they can find at least one, and preferably two, people who are among that 12% of the population in support of the administration's "surge" strategy to escalate the war in the Middle East, that would be golden. Two such people, or at least one, could possibly hold out against what otherwise might be a consensus to convict, possibly even nullifying the jury, if it came to that. Generally, the demographics that hurt the administration hurt the defense team: women (especially single women), minorities, working people or union members, liberal professionals, etc. The problem for team Libby is, their best jurors live in Salt Lake City, not Washington, DC.
Patrick Fitzgerald has a reputation for not making a big fuss over jurors during jury selection, and he lived up (down?) to that reputation today. He is mostly content to take people at their word if they say they believe they can render a fair and impartial judgment based on the evidence and according to the Judge's instructions. He seems most likely to verify that those with previous experience or exposure to the criminal justice system (as victims of crime, or who have family members of those who are policeman, etc.) believe they possess no strong biases or opinions based on those connections or experiences that might render them unable to deliberate in good faith. He can also be slyly charming. As one woman mentioned she has three children, Fitzgerald responded, "I take it these are young children?" Instantly, and with a southern twang, the woman countered, "Oh, aren't you sweet!"
The Libby team is far more intent and active in its questioning of potential jurors. Beyond probing about any preconceptions potential jurors might possess related to the administration or the vice president, Wells and Jeffress seem regularly to ask about people's opinions of Tim Russert. Clearly, they seem worried about anyone who might be predisposed to think so highly of Russert that, when the time comes for his testimony to contradict Libby's statements, prospective jurors may reflexively side with Russert.
Team Libby furthermore seems very concerned about the news accounts people have read, as is understandable, given the profile of this case. What's more, Libby's lawyers regularly ask pro forma questions about the possibility of forgetting things, and about the possibility that different accounts of past events could be due to bad recollections held in good faith. Their questions are so mundane, however, it seems to me as if they are just using the questions to presell their case, a foretaste of the closing defense argument.
In the end, there will be a jury empaneled, and though the pace of juror review slogged along slowly today, the people at the courthouse seem to think we'll be done by Thursday. If today is any indication, the best Team Libby can hope for would be jurors who can give them a fair shake, enough of whom may have enough trust and faith in the president and the vice president to trust that their ex-employee, Irving "Scooter" Libby, is telling the truth. Today's jurors don't seem to show signs of being among those true believers in the administration's aggressive war policies, but then again, you never know with a jury, and people can and do surprise you.
Tomorrow, we go through another round of jury selection, and we'll know more about the potential jury pool. Stay tuned to the Firedoglake and the Huffington Post for liveblogging and daily coverage.
* Quotations offered in this column are based on this reporter's notes, and largely paraphrased. They should not be considered to be an official transcript of events.
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Thanks for doing this. This is just fascinating!
Might it be possible for Libby to not get a fair trial due to pre-trial media coverage? If, assuming this is the case, would a change of trial location help?
While this is very promising, I can’t help but be saddened about Jane. My prayers will be with her.
I hope others’ will be, too.
Hey Pach, thanks for today, and more, thanks for having the fortitude to keep the post up despite Jane’s post downstairs. I assume it’s hard, but you knew that already.
Thanks for the cogent analysis of day 1. Onward.
Oklahoma kiddo @
6
I hear they are holding hearings of some kind at Guantanamo Bay . . . perhaps they could squeeze Libby in. Of course, the pre-trial holding facilities are a bit spartan, and there could be a bit of a wait. I think they’re up to # 4 out of 600, or something like that.
The way they’re trying let the defense determine who will jurors, it appears this court will be as unfair as the one that tried Saddamn. might they Transfer venue to Bagdad for a fairer trial.
I think a great many people could be a juror on this case and look at the evidence and just try to figure out what story or sequence of events makes the most sense, no matter what their personal opinions about Libby or Cheney. But if they want to find twelve people who are going to weight their testimony equally with someone who contradicts them, they’re going to have a heck of a time filling the jury box.
What I find ironic is that usually you’d expect people to favor the Vice President’s version of events, rather than how that’s working out for Cheney in this case.
Pachacutec, I am only sorry that I couldn’t spring for the after-court refreshments. You did an amazing job today. We gave some cash, but somehow, I’m thinking that I wish I could have sent over whatever beverage you enjoy while you get some well-deserved rest before tomorrow.
As the poster before me wrote, today’s bittersweet. We’ve waited so long for it. At the same time, we’re all thinking of Jane.
-S
Strategerie @ 12
Ditto, Ditto, Ditto
Thank you for being there today while we were out trying to keep our heads above water. With every thing else going on in the world, maybe we could just try.
Olbermann is doing what he does.
this is far from good news guys, if this is the best libby can hope for the trial is ripe for appeal
we need a jury that is more then capable of giving libby a fair shake, we need a jury that is willing to give libby the benfit of the doubt
in case some of you have forgotten, we fight here at the lake to preserve our constitution, and our constitution demands we hold the accused innocent until they have been proven that they are not innocent
let’s be weary please
guilt has to be proven within a reasonable doubt and we need an impartial jury if we believe teh fitster has a ligitimate case
As a usual lurker, I just have to give FDL a big thank you for doing this. When I found out that the trial would not be televised, I figured there was no way the truth of the proceedings would come out. Thanks again and, of course, lots of love to Jane.
I think these are my last off topics of the evening. From today’s press briefing with Tony Snow.
Not to worry, Bush didn’t talk with Prime Minister Olmert for a month during Israel’s bombing/invasion of Lebanon this summer and we know how well that turned out.
Then there was this:
You see there is progress and then there is progress.
Pach, Christy’s always writing about accountability. I bet a search of that word would find ten thousand posts and comments. Today was only day 1, but it was Day One!
In the spirit of Ms. Hamsher, despite all of the photoshopped feathered boas which will appear, Stay On It.
perris @ 16
perris is right, of course, but on the other hand they did give the country an unfair shake-down on their way to war.
Alter is saying on Olbermann that for those running this Iraq thing from Washington: for them, this “war is an abstraction”.
Oh. And the real reason Hill called off her statement today was due to the Obama announcement. Not because one of her people was sick. Figures.
Hugh, we are making progress. That’s why i hired tony snow.
Well, the best anyone can hope for in a trial is a fair shake. I think Walton is being pretty solid, from my non-legal view, about setting up a jury pool that would withstand appeal. He has a firm handle on things.
Swoon.
Pach, thanks so much for the riveting post on the jury selection.
This is so cool.
omfg…
CNN just broadcast a story suggesting that neocons and shrubco policymakers are basing their war-on-terror strategies on… the Fox TV series “24″. Literally…
A friend just called to ask if Cheney will testify in person or via video, assuming he testifies. I told her I thought he was going to “appear” on video. She said Carol Leonnig was just on Jim Lehrer and said the press today had heard Cheney will be making a personal appearance.
Is that possible?
What a fascinating account. Reflections on bias (obvious, negative, prejudicial) and blogging as newssource. Congrats, Pachacutec, on a good blogging beginning.
If this guy is convicted, does anyone have a clue as to how long the appeals process might take? Say from least to most time.
Oklahoma kiddo @ 30
I suspect long enough to procure a pardon
Jane Hamsher @ 26
Now i know the world is spinning correctly in its right manner.
I am so thankful for your reporting, Pach; and also for the fact that the trial ISN’T being televised…otherwise, I wouldn’t be able to get any work done during the day!
Keep up the outstanding work, please!
Jane Hamsher @ 26
Part time lurker here but if you have an organization that we can donate to, please let us know. My husband just recently finished chemo for colon cancer and one wake up call for us had to do with how many uninsured need help. The hospital and the cancer care center had networks to donate to. MAYBE WE CAN SET UP A FDL FOUNDATION.
Jane Hamsher @
26
Yep, it sure is.
Blub @ 27
KO also has a story on the fear-mongering in ‘24′.
Blub @ 27
“24″ is my favorite neo-fascist TV show. This season began as a snuff film, shifted to S&M, threw in some gratuitous torture, and showed once again that those really nice neighbors of yours of Middle Eastern descent really are terrorists. On an up note, they finally did get around to nuking LA.
My wingnut coworker told me that I just have to watch the show “24″. Now I know why. You cannot believe what I put up with with him. He is a hardcore republican.
Listening to NPR’s evening ATC Nina report:
She seems to be making up for her egregious interview with former SG Ted Olson this morning - so far. Was Nina there today, Pach? She’s talking like she was. Relating the juror questioning process symathetically toward those potential jurors who couldn’t hide their disdain for Bush.
Clearly, Nina is more attracted to this process now that it has begun than she was 24 hours ago. I could almost sense her thinking as Jane just expressed, “this is SO cool.”
Apparently, there was some type of “24″ conference which a bunch of neocons just attended, along with Chertoff and Rush Limbaugh, filled with speeches about how the terrorist plots portrayed on the show are case studies for reality and a warning, etc etc. They also said McCain is an avid fan. Even the producer said that he’s worried…
motherlowman @ 36
If she was there, I didn’t know it, but there were a number of people in the room I did not know. I’m a gate crasher, after all, and I kept any schmooze in second, occasionally third, gear. I didn’t work the room.
ccmask @ 38
Office 24/911?
That is, the producer is worried that neocons are basing policy decisions on the show…
That’s the trouble with any trial-to find an UNBIASED jury of your peers.
Bush interview tonite with Jim Lehrer: “I want the Iraqis to succeed for our own sake.”
Paging Mr. Freud!
perris @ 31
The feeling here is a pardon will happen shortly after conviction.
Pach,
I was trying to keep up with the live blogging at work and you did a splendid job. Thanks. Afterward, for some reason, I was prompted to re-read H.L Menken’s reporting of the Scopes trial. Talk about snark!
Brownandserve @ 47
I didn’t write with a lot of ‘tude today. This was not by design. Once I started channeling the flood, it all just took off.
Perhaps this whole pardon business needs some altering.
Oklahoma kiddo @ 46
to be followed immediately thereafter by the impeachment… I think more reasonably they’ll pardon him in December 2008… I presume that the appeals will still be dragging on, and he’ll still be free, so if he does have incriminating info on shrubco he’d be no more inclined to sqawk than he is now.. they can afford to wait until the very last moment, right before he actually gets sent to a cell. ’sides, what’s to prevent Fitzgerald from immediately subpeona’ing him again upon his pardon, watch him lie again, and then charge him for perjury and obstruction all over again…
Blub @ 43
So, maybe the producer could have an episode about redeploying the troops, restoring habeas corpus, providing universal healthcare . . . you know, since that’s where they’re getting their ideas. ;)
Won’t work. We know these people can only comprehend what they agree with.. they’ll just switch to watching DVDs of la femme nikita and getting their inspiration from that…
motherlowman @ 51
Perris -
WearyWary.And Pach is right, though I wouldn’t say it in terms of “the best anyone can hope for,” but would rather say that the best anyone can expect and what the Constitution requires is a “fair” trial. And a fair trial is not a “perfect” or the “best” trial or the right to choose only those jurors that you think will, for whatever reason, find you not guilty, whether b/c they look like you, or think like you, or claim to be fellow travelling wingnuts. And that’s true for any defendant.
The mere fact that someone might hold whatever personal views does not necessarily disqualify them from serving on a jury if they can also (and hopefully honestly) say that they will judge the case on the evidence presented and the law - not their personal feelings. There is nothing in the foregoing that offends the idea of the rule of law or the Constitution.
There’s a definite art to liveblogging. Earlier today I happened to have a reason to re-read when I liveblogged the Mars landing three years ago (wow). As time went on, another blogger and I traded off covering press conferences, live accounts of egress (when rovers rolled off lander), and the like.
It’s just enough to get everything down. You’re doing really well if you can go back and fix the typos. Good to have some text auto-expand macros for commonly-used terms, too.
So to add in-the-moment snark or commentary or what have you is just extra gravy. Perhaps it’s something that comes with liveblogging over time?
Pachacutec @
48
Maybe tomorrow I’ll add a little more hot sauce, now that I know where the bathroom is at the courthouse.
Pat is real and has matters that some forget to bring with them. Now Libby is playing the race card by wearing that ethnic tie wont work it’s and old trick. New Libby will come in with dread locks and ask for collard greens. I guess he didn’t learn from the racist comment made to Tiger Woods and that chicken/watermelon remark. At lease Fitz doesn’t have that problem as he is for all people regardless of race or color.
It was great Pach. And wingnuttie was out of the office today so I had the whole place to myself. It was so easy to picture everything and to put a face on the potential jurors through your words.
Oklahoma kiddo @ 30
Expidited appeal can take as little time as the lawyers say they need to write their briefs. Remember the elections cases in 2000? Days.
More likely it will go into the regular docket system and his appeal would be argued about7-9 months later
How many exactly constitute the “super majority”?
perris @ 16
I am SO on that case…
…but not by virtue of this coverage. Thanks so much for the report, Pach!
Pachacutec @
48
“Do not endeavor to be the moon, rather, be like the arrow pointing at the moon,” or some such crap Bruce Lee once said,
Enter the Dragon, maybe. Anyway, you’re good, you’ve got the chops. Just let it flow and you’ll be great.
As for Mencken (to do a TRexy), best quote evah!
An idealist is one who, on noticing that a rose smells better than a cabbage, concludes that it will also make better soup.
H. L. Mencken
Having been out most of the day, what is “ethnic” about the tie?
johnSwifty @ 62
looseheadprop @ 59
Would this then be his last or only appeal?
Pachacutec @ 56
Frankly, I don’t see how you could improve upon today. You were/are pitch perfect!
Pachacutec plans to get saucy on his second day. Stay tuned folks, this is going to get better and better..)
At least Maulkkkin wasn’t there. She would have posted the address, phone #, and childrens names of the dismissed and defiant juror.
Olbermann reports that Donald Trump now has a star on the “Walk of Fame”. I’m so relieved.
Oklahoma kiddo @ 65
Not necessarily. That would be his appeal to the Court of Appeals. After that he can petition for a writ of certiari which, if granted, gives him an a further appeal to the Supreme Court.
wha ? you think you slipped in undetected ?!?!*g*
http://www.tias.com/stores/dec.....s/734a.jpg
abfab job Pachacutec !
Oilfieldguy @ 68
And the ages of the Young children. “Ain’t she sweet”
Scarborough asks if we are on the brink “of a regional blood-bath” in the Middle East?
No one knows the answer to the “ethnic” tie question?
I never did hear, but I know this ringside seat fdl is providing us is very costly. Probably 2 months of DC living. I only noticed one call for financial support. I hit the tip jar then, but I was wondering, are the expenses covered? This is a great service provided to us fdler’s, and I would hope we are funding it adequately.
EPU at 74 — What “ethnic tie” question? I missed it somehow…but I posted a link to a pix of the offending tie in one of Pach’s earlier threads, FYI.
Evil Parallel Universe @ 74
Just an occasional Freudian slip (knot).
During the appeals can Libby go back, and if he consents to squealing, cut a deal?
Re: He can also be slyly charming. As one woman mentioned she has three children, Fitzgerald responded, “I take it these are young children?” Instantly, and with a southern twang, the woman countered, “Oh, aren’t you sweet!”
Good vibrations.
I don’t believe that’s how it works, but then again, why would he want to talk?… shrubco’s mandate to him, for which they will no doubt reward him richly, may very well be to maintain his silence for as long as possible and to drag out his appeals, on technicalities or whatever.. possibly for as long as he’s not actually in prison. If that takes us to the end of shrub’s reign, all the better.. and a pardon would be waiting for him at that point. He loses nothing since, presumably, somebody else is paying or will eventually be reimbursing him for his legal bills.
Oklahoma kiddo @ 78
It didn’t make any sense to me when I read it earlier, but here’s the first comment about the Ethnic tie.
I’d love to know what it meant.
Oilfieldguy @ 75
http://www.firedoglake.com/200.....ing-to-dc/
I found my favorite bracelet! Green of course.
Lost it the day I came back from seeing my favorite aunt in Ann Arbor, who is losing her mind. I was trying to be philosophical [sniffle] that I could get another bracelet but not another Aunt Ruth.
Today was a big day for her, as she was moved abruptly from independent living to assisted living in another place. Was expecting a volcano of anger when she realized she was moving even farther away from her home and friends, but apparently things went ok today.
And I found the bracelet I lost that other time…coincidence/synchronicity.
cbl @ 71
ROFL. That’s funny.
Katrina Vanden Heuval on Scarborough doing the job on the upcoming war with Iran.
CHS - I can’t find a link to a picture. Any takers on the “ethnic” tie question?
I live here, so my only costs of doing this are opportunity/earning costs, which, let’s face it, are not nothing. But I don’t mind.
But, if anyone wants to tip jar - literally - FDL for my work today, please consult the right sidebar for options.
Pach: Did the statues of Hammurabi, Moses, Solon & Justinian give you a little wink? I was reading the link you posted on your opening post wrt the courthouse. I can’t believe the history of the courthouse. It’s beautiful!
24 is a great show and yes, I know can decipher reality from fiction. Its not a right wing show. Last season ended with the POTUS being taken into custody and removed from office.
Also, with all these questions for the jurors, one would think that Cheney was on trial and not Libby….I’m just sayin….
EPU: My camera view of Libby was so obstrucuted, and the lighting so poor (Fitz’s male pattern baldness shone like a white yamulka, as I wrote earlier), that I just didn’t see the tie.
There was a pic of Libby this morning and he had on a funky tie. I don’t know if that’s the one the poster was referring to though.
there is a new thread (Jordan).
there was much tie discussion on this thread earlier: http://www.firedoglake.com/200.....game-show/
egregious @ 83
Aunts are great! I am back spending nights with my 99 year old Auntie. She’s a liberal Democrat and voted last November, just like she always does. She’s not quite as politically radical as I am. But then, who is?
Scarborough just went to commercial with “you dropped a bomb on me, baby” background music.
So war with Iran and Syria is just entertainment.
Katrina vanden Heuvel makes sense on Scarborough…
again.
I can’t locate a picture of Libby with the brown striped tie, but I did discover this photo of the vehicle he arrived in.
Rosie @
28
I asked Jeralyn that question on the WaPo comment page today. She said we still didn’t know for sure, yet.
angie - she’s another one of a few that speaks well for us.
Heya Jane - you’re right,…very cool. Thanks again for the community here.
Bad taste in ties does not strike me as a quality specific to any “ethnic” group.
However, given the most astoundingly awful clothes historically worn by GOLFERS, and given the fact that golfing has been dominated by those with lots of money, who in turn have tended to be WASPs, there might be something to be said in a provisional hypothesis linking bad clothes sense with old pasty white guys — once they’re let loose from the board rooms onto the rolling greens of the local private country clubs.
Witney @ 89
Great fiction resembles real life, and the characters usually act as they would in real life. I have no doubt that there would be people acting like and saying the same thing as the characters in this series under similar circumstances.
Let’s hope it’s a sign of things to come.
angie @ 95
What struck me was the unusual length of time which Joe Scary-borough gave to Katrina v.d.H. to speak her mind.
And secondarily, that no one really disagreed with her.
This makes us break into a cold sweat in this household.
ya gotta love the symmetry -
Appellate hearing in Ryan case today*g*
http://www.suntimes.com/news/g.....index.html
Rumi@97
Thanks. We’ll see.
Rosie
To you lawyerly folks both here and out there,
It seems to me that questioning a potential juror about their impartiality, and then taking them at their word that they could be impartial would tend to ingratiate the juror towards the Fitzster. Unless the the potential juror is obviously biased one way or another, wouldn’t this be a good general strategy?
Here’s a pretty good shot of the tie..
libby’s tie
my wild-ass guess about the ethnic tie comment is that the brown diagonal stripes were somehow reminiscent of African fabric designs - trying to curry favor with a large portion of the jury pool?
…or not.
Petro @ 5
Yes indeed FDL thank you for this post. just what I was hoping for.
Oh yeah, thanks P-tec!
One interesting thought after hearing Slick Dick on Sunday tell of inviting Scooter to his Christmas party. Will Fitz ask Dick if he talked with Scooter about his upcoming court testimony for Scooter when Scooter was at the Christmas party?
Remember Scooter and Dick used to discuss everything, which I believe Fitz will be able to ascertain under cross. It sure would make for a “Perry Mason” moment.