Libby Lawyer Plans Lack-Of-Memory Defense

[tocqueville]

By PETE YOST, Associated Press Writer
16 minutes ago

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.

http://news.yahoo.com/news?tmpl=story&cid=514&u=/ap/20051029/ap_on_go_pr_wh/cia_leak_investigation_119

[sepia_steel]

1. This is GLORIOUS

I's gonna drag on, and on, and on... and that makes me cackle to myself like The Shrub does.

[ClintonTyree]

2. That's what they say now.........

but as trial time nears I fully expect "Scooter" to cop a plea. The last thing this administration wants is the prying eyes of Lawyers and investigators going through their morass of criminal activities. After making much "sound and fury, signifying nothing", they'll cop a plea after which bush will of course pardon him. "Scooter" will of course have a very lucrative position awaiting him in Halliburton or The Carlyle Group and everyone will live happily ever after. The script has already been written, only time remains to flesh out the play.

[hang a left]

3. Bad memory defense is not going to work in court. It might work with

people that didn't see the press conference or read the indictment. Libby concocted a story, an alibi, and repeated it ad nauseum. Nice try, sell it somewhere else.

[Nothing Without Hope]

4. Actually, legal experts say this would be difficult to pull off. See

the LA Times article on how Fitz has built a strong case, the third article excerpted in this thread:

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x5216210
Thread title: LA Times: EIGHT News articles plus TWO op/eds on the Fitz case! 10/29

The situation seems to be that Libby didn't just "forget," he made up a whole false story and repeated it to investigators. THAT doesn't fly.

[sproutster]

5. How can one forget what one never knew?

You would forget, IF the truth ever existed in the first place. An outright lie, the making up of facts that NEVER HAPPENED cannot be due to forgetfulness.

What happened when he picked up the phone that first time? It wasn't "everyone knows it" gossip. If it was what he was hearing in his classified status, then is it common for him to be calling journalists with "everone (who is classified) knows it" gossip?"

[tanyev]

6. DU project! Send gingko biloba to Scooter!

Poor guy.