GOVERNMENT’S MEMORANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO ADMIT EXPERT TESTIMONY

Case 1:05-cr-00394-RBW Document 13 Filed 09/07/2006 Page 1 of 22



THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA )
) CR. NO. 05-394 (RBW)
v. )
I. LEWIS LIBBY )
also known as Scooter Libby )

GOVERNMENT’S MEMORANDUM IN OPPOSITION TO
DEFENDANT’S MOTION TO ADMIT EXPERT TESTIMONY


The UNITED STATES OF AMERICA, by its attorney, PATRICK J. FITZGERALD, Special
Counsel, respectfully submits the following memorandum of law in opposition to the Motion of I.
Lewis Libby to Admit Expert Testimony Under Rule of Evidence 702.


INTRODUCTION
In the instant motion, defendant seeks leave to introduce the testimony of Dr. Robert A. Bjork
regarding “how memory works and why it fails” at his trial on charges of obstruction of justice,
perjury, and making false statements to federal investigators. Mem. 2. The government does not 1
quibble with Dr. Bjork’s expertise concerning research into memory, particularly with respect to the
reliability of eyewitness identification. Nor does the government quarrel with the abstract
proposition that expert testimony may be limited to presenting general principles of a field of
research without rendering an opinion applying the principles to the facts of the case on trial. The
basis for the government’s objection to Dr. Bjork’s proffered testimony is that the defendant cannot
meet his burden as the proponent of the evidence of establishing that the testimony will assist the jury in understanding or determining any of the facts at issue in this case.

1 References to defendant’s Motion and Memorandum in Support are to “Mem.,”
followed by the relevant page number.

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This will explain why Libby wants to take the stand and why Libby's attorney are trying to use graymail. The defense is going to Plan B. What do you think?