Libby: The Charged Lies in Counts 1, 2 and 5

Great article of Jeralyn from Talkleft.com:

Yesterday, the Government filed this brief outlining its position on the verdict forms the jury should receive as to counts 1, 2 and 5.
According to the Government, to convict Libby of obstruction of justice, it must unanimously conclude at least one of these statements which Libby made to the grand jury is false:

1. That when Mr. Libby spoke with Tim Russert of NBC News, on or about July 10, 2003, Mr. Russert asked Mr. Libby if Mr. Libby knew that Wilson’s wife worked for the CIA, and told Mr. Libby that all the reporters knew it.
2. That when Mr. Libby spoke with Tim Russert of NBC News, on or about July 10, 2003, Mr. Libby was surprised to hear that Wilson’s wife worked for the CIA.
3. That when Mr. Libby spoke with Mr. Cooper of Time magazine on or about July 12, 2003, Mr. Libby advised Mr. Cooper that he had heard that otherreporters were saying that Wilson’s wife worked for the CIA, and further advised him that Mr. Libby did not know whether this assertion was true.

The Government wants the jury to be told in order to find Libby guilty of obstruction of justice,
.... the government must prove beyond a reasonable doubt that at least one of the false statements or representations alleged in Count 1 was false, and all of you must agree on which statement or representation was false. If you are unable to unanimously agree that at least one of the statements or representations alleged in Count 1 was false, then you must find the defendant not guilty of Count 1.

As to the Count 2, the charge of false statements made to federal investigators in the fall of 2003, the Government argues the jury must unanimously find one of these statements by Libby to be false:

1. During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Mr. Russert asked Mr. Libby if Mr. Libby was aware that Mr. Wilson’s wife worked for the CIA; Mr. Libby responded to Mr. Russert that he did not know that, and Mr. Russert replied that all the reporters knew it.

2. During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Mr. Libby was surprised by Mr. Russert’s statement that Mr. Wilson’s wife worked for the CIA because, while speaking with Mr. Russert, Mr.Libby did not recall that he previously had learned about Wilson’s wife’s employment from the Vice President.


Also,

In Fitz' final verdict brief, he objects to this portion:

Further, Mr. Libby was well aware when he was first interviewed by the FBI and when he testified to the grand jury that the investigators could and likely would talk to government officials and the journalists he spoke with concerning AmbassadorWilson and that those officials and journalists would truthfully recount their recollections of the conversations he had with them.