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February 14, 2007: Lawyer Believes Libby Jury Has Grounds for Reasonable Doubt

Criminal defense lawyer Jeralyn Merritt, writing for the liberal Huffington Post, says that she understands why the Lewis Libby defense team chose not to put either Libby or his former boss, Vice President Dick Cheney, on the witness stand (see February 13-14, 2007). Libby, she writes, “is not required to prove he didn’t lie or obstruct justice. All he has to do is raise a reasonable doubt in the mind of the jurors that he did.” Merritt writes that in her opinion, the Libby team made a “serious misstep” at the beginning of the trial, when instead of merely focusing on the memory lapses of the various government witnesses—“every fact witness had them,” she notes—it chose to argue that the Bush administration “threw Libby under the bus to save Karl Rove” (see January 23, 2007) and NBC reporter Tim Russert, the prosecution’s star witness, “was biased against Libby” (see February 7-8, 2007). “They didn’t establish either one,” Merritt writes. Merritt believes the defense has a good chance at establishing reasonable doubt in at least some jurors’ minds about Libby’s intention to lie as opposed to merely having memory difficulties (see January 31, 2006). She writes: “No one on this jury is going to buy Libby as victim, although they may conclude he was no more mistaken than any other witness. Once the jurors try to figure out motive, even though it’s not a necessary element of the charged crimes, I call a draw.” As for Cheney, Merritt speculates that the defense lawyers used focus groups to decide his effectiveness, writing, “I wouldn’t be surprised if the focus groups found Cheney to be such a polarizing figure that Team Libby concluded that any good Cheney would do for Libby on substance would be completely overtaken by the jury’s loathing for him personally.” [Huffington Post, 2/14/2007]

Entity Tags: Karl C. Rove, Jeralyn Merritt, Richard (“Dick”) Cheney, Tim Russert, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

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