MSNBC
http://msnbc.msn.com/id/14124741/Libby set to invoke memory defense in CIA case
Attorneys say issue could be pivotal to his guilt, innocence in perjury trial
By Joel Seidman
Producer
NBC News
Updated: 2 hours, 44 minutes ago
Attorneys for I. Lewis "Scooter" Libby, in a court filing Monday, are seeking to admit the expert testimony of a memory specialist on behalf of Libby, the former chief of staff for Vice President Cheney, who faces charges of perjury and obstruction of justice for his role in the CIA leak scandal.
Libby's lawyers contend that issues of memory — including how it works and why it fails — will be crucial to the jury's determination of Libby's guilt or innocence.
Libby's attorneys are seeking to admit the statements of Dr. Robert A. Bjork, the chairman of the Department of Psychology at the University of California, Los Angeles.
According to the filing, Libby will argue that, in many cases, it is the government witnesses who have misremembered the facts, and that any errors Libby made in describing the events were the result of "confusion or faulty memory, not any intent to misrepresent the truth."
The filing states that the evidence will show that, in his role as Cheney's chief of staff, Libby's attention was focused on "issues of grave importance, including domestic terrorist threats, perilous conditions for American troops and citizens abroad, and emerging foreign policy crisis." These issues, described in their filing as, "matters of life and death," Libby's attorneys argue, occupied their client's mind and time "throughout his lengthy work days."