question-mark.jpg

Note from the jury:

We would like clarification on the charge as stated under Count 3 specifically:

Page 74 of the jury instructions, "Count three of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003, that during a conversation with M. Cooper of Time Magazine on July 12, 2003, Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson's wife worked for the CIA but that Mr. Libby did not know of this was true.  (i.e., is the charge that the statement was made or about theh content of the statement itself)

Judge's note at the bottom -- I am not exactly certain what you are asking me. Can you please clarify your question? 

Second note from jury:

After further discussion, we are clear on what we need to do.  No further clarification needed.  Thank you.  We apologize. 

After the second note came back, the Libby team was clustered around some piece of paper (I assume the note) chuckling.  They showed it to Fitz, and nobody seemed to alarmed one way or the other.

emptywheel here.

Here's my take on this. First, if Libby is acquitted of some,but not all, of the charges, it'll be this charge he is acquitted on first. It's a real he said he said charge, and Jeffress really did score some points against Matt Cooper's credibility. 

Now, on all of these charges, it is often difficult to keep two things straight. There's the issue of whether Libby told a lie to journalists in July 2003. And whether he lied to the FBI about what he told to journalists in 2003. This charge is particularly confusing in that regard, because Libby's statement was so short and it contains such an obvious lie. So I suspect the entire jury probably agrees that, if Libby said he had no idea whether Plame worked for the CIA, he lied. But that's not the charge. The question, of course, is whether he lied when he said that to the FBI. 

But the fact that they asked this question about THIS charge means they haven't had the same confusion with other charges. It means they haven't had the confusion in determining whether Libby lied to Russert when he allegedly said he was surprised when he learned about Plame.