An excerpt of Libby's proposed jury instructions:Libby’s defense requests the court to read this instruction at the appropriate time during the trial. On page 24:
You have heard testimony that Mr. Libby and other witnesses spoke to reporters under various conditions, such as “off the record,” “on background,” and where one’s comments are to be attributed to a particular job title. There is nothing improper with a person being interviewed to request, or a reporter agreeing to grant, these interview conditions in order to maintain the confidentiality of the person speaking with the reporter.
O.K. Scooter. If I leak highly classified information, I guess I’ll just attribute it to “a former Chief of Staff who goes by the name of Scooter Libby.” Scooter Libby sees no problem of giving out misleading attributions to leaks ,“off the record” or “on background.” From the defense’s instruction, it seems as though Libby can be able to attribute illegal information to whatever and whenever he wants as long as that is attributed to a particular job title.
Libby's proposed jury instructions.
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