Wednesday, February 28, 2007

Libby, Cooper, Russert and Counts 2 and 3 of the Indictment Continues

As noted here, the jurors' question concerned the false statement charge against Scooter Libby with respect to Count 3 of the Indictment. The jurors were unsure whether they had to find that Libby lied to the FBI in October, 2003 when he said he told Matt Cooper in July, 2003 that reporters were telling the Administration that Joseph Wilson's wife worked for the CIA but he didn't know if that was true.
It's interesting to me that the jury didn't have a question on Count 2 of the Indictment, a similar false statements charge with respect to Tim Russert.

To find Libby guilty on count 2, they must agree that (either or both):


The first is on Count 1 of the Indictment, Obstruction of Justice. But, in order to resolve that count, they must first decide whether any of
three specific statements (pdf) Libby made to the grand jury in March, 2004 about his conversations with Tim Russert and Matthew Cooper in July, 2003 were falsely made with the intent of deceiving the grand jury.

The obstruction count does not pertain to Libby's allegely false statements to investigators in the fall of 2003. The statements are taken from testimony contained in Counts 4 and 5, the perjury counts.

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