From The Juror's Mouth...

Denis Collins, former journalist and an author of a book on the history of spying: "The primary thing which convinced us on most of the accounts was the conversation... the alleged conversation... with Tim Russert...," he said.

TIME tells it a bit more usefully:

During the investigation into the leak of Plame's identity, Libby told the grand jury he heard about Plame being a CIA officer from NBC's Tim Russert. Libby testified that he recalled being "surprised" at the news during his conversation with Russert. The jury, looking at their compilation of facts posted on the wall, were convinced Libby already knew about Plame at that point. Denis Collins, 57, a novelist and former journalist who served on the jury, said this discrepancy persuaded them that Libby had perjured himself.

Well.  As to the Russert conversation, possible doubt-inducing explanations include the following:

1.  Libby was sincere but mistaken, and had the breakthrough phone call with another reporter, possibly Bob Novak on the 9th.

2.  Russert was sincere but mistaken - the gist of his story was that he could not remember the Libby call on the 10th or 11th, but since he remembers learning about Plame in the Novak column (published on the 14th) he could not have mentioned her to Libby.

Fine, but... the Novak column hit the news wires on the morning of the 11th.  Since Russert's story is undated, maybe an NBC producer slipped him an embargoed copy of the column for his perusal on the 11th.  Impossible?  Worth checking?  How come no one has?

3.  Russert is, hmm, misremembering in order to conceal sources.  David Gregory received a leak on the morning of the 11th, according to the memory-challenged Ari Fleischer.  Or perhaps Andrea Mitchell had received a Plame leak from a source whom she and Russert would prefer to protect.

All that said, if the jury focused on Libby's surprise rather than the fact of the conversation, believing Russert is not an issue.  Since that was essentially my prediction, I can't get as exercised as I would like.  My earlier guess:

As to the rest, the jury could (and IMHO, ought to) have reasonable doubt as to whether Libby sincerely believes (or actually) did hear about Ms. Plame from Tim Russert.  However, they might not also believe that the Plame news surprised him - in other words, they might reject the "I Forgot" part of Libby's story.  That would result in convictions on counts 1, 2, and 4, depending on how the jury interprets any "materiality" qualifications in the jury instructions.

I still want to hear from David Gregory, just for starters.  Eventually, someone ought to grill some NBC producers and see whether they might have had access to the Novak column on the 11th, either directly or from a contact in the news biz.  Had Fitzgerald been running a serious leak investigation (or even a serious perjury investigation) he would have done this himself just to pin down a loose end and maybe avoid a serious mistake.  Oh, but then he couldn't have indicted Libby as a way-station on the road to Dick Cheney - my bad.

Or, if NBC News had investigative journalists and an interest in the truth, they would examine this themselves.  Never happen.  Clearly, protecting Tim "The Franchise" Russert trumps other considerations.

Comments

[dorf]

Talk to the DC press and see what happens?

[Carol Herman]

FROM CAROL HERMAN

It ain't over.

Abraham Lincoln said "you can't un-break an egg."

Waltoon had it in for Libby. Russert's testimony, that his mind IMPROVED with age; and the lost FBI notes meant nothing. Is a fool's paradise. Would work better in Mother Russia, than here.

Plus, there's a DVD, with Russert's old program material where he states clearly that the FBI gets the privilege of questioning you, nay harranging you. And, you can't have a lawyer present.

All this needs is for the story to heat up.

You also never know if Fitz isn't trying to proffer Libby a deal? Martha Stewart's ankle braclet in return for letting Libby take the fall.

FRED THOMPSON is doing a LIBBY FUND RAISER.

So at least one contestant, for the 2008 nomination, sees fair play as an important gambit.

Bush,meanwhile is "saddened." Not impressed with him. ANd, I no longer wonder why he squandered the support he could have gotten from the People. But then he's no Rudy Guiliani.

[Alcibiades]

Eventually, someone ought to grill some NBC producers and see whether they might have had access to the Novak column on the 11th, either directly or from a contact in the news biz.

Why would they ever tell the truth. They have to protect the product now more than ever, since it has managed to be used to convict a man of guilt before the law.

[verner]

Here's an amazon.com blurb from Denis Collins "Spying" book:

Book Description
Everyone, at some time in his or her life, fantasizes about being a spy--James Bond, Mata Hari, George Smiley, Maxwell Smart. At the new International Spy Museum in Washington, D.C., more than a million visitors have stepped into the secret history of history--and have learned what it is really like to live undercover. This distinctive and fascinating book at once distills and expands upon that experience, with inside information on how spies do their jobs, interviews with operatives, and hundreds of photographs and descriptions of tools of the trade.

Biographies of legendary spies and how they completed their special operations are included, along with timelines showing the developments of bugs, surveillance tools, weapons, and disguises. Letters, maps, examples of disguises, dead drops, and rare photos make spies and their operations from 2000 BC to the present live and breathe on every page.

About the Author
Denis Collins is a journalist who writes for the Washington Post, the San Jose Mercury News, and the Miami Herald. He lives in Washington, DC.

Does anybody remember where Joe Wilson wrote his first op-ed? Why yes--the San Jose Mercury--the most moonbatty newspaper in the US of A.

THIS STINKS.

Dennis Collins had not formed an opinion of Libby's guilt? Where's Rove huh. Try that crap on the faithful over at FDL--where he's probably lurked for years.

Talk about "Mississippi" justice.

[verner]

And I'll just add--if anybody has easy access to Lex-Nex, pleeeease look up what this guy has written, and let us know.

[Libby's a Liar]

The jury also said that they felt sympathetic to Libby, would have liked to see him on the screen, and were wondering about Rove and the rest of the lying bunch.

[roanoke]

verner

Let me just add this which I posted in the other thread.

• Seat 9, Juror 1869: A white male and a former Washington Post reporter who once had Bob Woodward as an editor. He used to share space with Tim Russert of “Meet the Press.” While he had questions about the Bush administration’s rationale for going to war, he said that, “I’m very skeptical about everything I hear until I see it backed up.”

Jury make-up from- Legaltimes.com

I'll see if my password still works for Lexis Nexis but I think it has expired by now.

[roanoke]

Does anybody remember where Joe Wilson wrote his first op-ed? Why yes--the San Jose Mercury--the most moonbatty newspaper in the US of A.

*ugh* maybe I'll search their archives.

[Sue]

verner,

You ain't just whistlin' dixie. I am amazed this guy was not struck for cause. He couldn't have told the truth. He wrote that book and it was published in October 2004.

[danking70]

I still can't see how a guy who "shared space" with the "franchise" and star witness was able to remain on the jury.

[HRF]

http://www.glocom.org/special_topics/eu_report/20031201_eureport_s64/index.html

http://www.vanityfair.com/politics/features/2004/01/plame200401

http://www.glocom.org/special_topics/eu_report/20031201_eureport_s64/index.html

'Aznar's resolve seems unshaken by the bloody 24-hour period that has witnessed the killing of seven Spaniards, two American, two Japanese, two South Koreans and a Colombian. However, the Spanish public has been greatly disturbed by recent events. With an election on the horizon, there may soon be some shift in Spanish policy towards Iraq.'

The Madrid bombing happened after this where Joe's operations officer father diplomat worked and Joe grew up.

Plame was confirmed as an operations officer, paramilitarily trained, by Larry C Johnson just before the Iran desk at State(CIA) came out and Jim Marcowki(sp) back to their farm days training.

[kate]

Yes, add that to the list of defense mistakes. Jury selection is the most important part of any trial. So the list of weaknesses on the defense team include:

jury selection;
Libby as scapegoat for Rove;
poor closing argument

[Enlightened]

Juror 1869 is a complete liar.

“I’m very skeptical about everything I hear until I see it backed up.”

He lied to get on this jury, and he knows it.

Since this case is NOT about Rove or Cheney, or Valerie Plame and Joe Wilson - this juror has indicated he had formed his opinion before he got seated as a juror.

He had no sympathy for Libby - he had sympathy for himself that he wasn't going to be in on the sealed vs sealed, 22 indictment Fitzmas - and took it out on Libby.

I bet you if this was investigated further, juror misconduct will not be limited to the released juror.

[verner]

And Sue, let's just say that I've ordered a used copy of his stupid book from amazon, and I will very very closely examine the index and sources etc.

This ain't over.

[birdseye]

It is so mind boggling that this jury considered Tim Russert to be very credible.
So the juror who was kicked out was probably the lone wolf in this group led ny Dennis Collins.

[centralcal]

Dennis Collins (the juror) reminds me of Joe Wilson - not necessarily in looks, but definitely in personality.

Anyone else getting that vibe?

[Enlightened]

Right - we are expected to believe that this guy 1869 did not tell the other jurors - "Tim Russert would NEVER LIE? I KNOW him?"

If the defense knew this guy knew Woodward and Russert, and STILL let him on the jury - then Libby should appeal on incompetence of representation.

[dorf]

where is Clarice?

[southside]

Just saw Denis Collins on Fox. This guy likes the sound of his own voice. How much would you bet he will say something very stupid(of course MSM will ignore it) in the next week?

[danking70]

Just the fact that he worked with 2 of the witnesses should have got him bounced.

[Jane]

where is Clarice?

I think she is writing something absolutely spectacular (in the dark because her electricity keeps going out)!

[Enlightened]

Here's another by entry by Collins:

Behaving Badly: Ethical Lessons from Enron (Paperback)

http://www.amazon.com/Behaving-Badly-Ethical-Lessons-Enron/dp/1598581600/ref=sid_dp_dp/104-1137823-2118345

[lurker]

So now there is going to be a book about this case by Sterling Publishing:

New book

Surber is right. That was fast!!

[hit and run]

Not much, but a little something. From a book review of Denis Collins...(verner, enjoy the book!)

here

Book's End

The book ended with an Epilogue that talks about 9/11 in comparison to Pearl Harbor. The author goes on to open an eye to what was going on with intelligence agencies before and after those events. They go on to discuss how the intelligence field needs to adapt in the "new world order".

Discussion stating that technology such as spy satellites must be used in conjunction with spies who are greatly needed in the field of espionage.

[dorf]

How could the defense leave him on the panel? A neighbor of Rus??

[verner]

Just the fact that he worked with 2 of the witnesses should have got him bounced.

NO JOKE.

Didn't Wells have consultants on hand? I mean, excuse me, but the first thing I would have done if that guy showed up on a list, is not only check out who he knew, but also what he had WRITTEN. Especially after the crap treatment the MSM has given Libby.

Jeez, we may be dealing with a closeted Jason Leopold who started counting his book advance the minute he got his summons.

[Nick Kasoff - The Thug Report]

Russert is on television. In the eyes of the vast majority of Americans, that makes him not only credible, but authoritative.

Unfortunately, have a sloppy or lousy defense isn't going to be a ground for appeal by Libby, not with the amount he must have spent on his defense. For that ground of appeal, he should have stuck with a public defender. But they'll come up with something.

Nick Kasoff
The Thug Report

[Jane]

It is so mind boggling that this jury considered Tim Russert to be very credible.

Tim Russert embodies the MSM. (and he is getting so big it can almost fit into him). If you aren't watching closely, but want to know what is going on in the world, you watch MTP.

Now I'd like to see Russert prosecuted for perjury when we have confirmation that Mitchell and Gregory told him about Plame. Or maybe we will suddenly discover the FBI notes. Who knows? What we do know is that it's not a defense to misremember under oath! Perhaps by then the liberals will have enacted the death penalty for such sins. Now I wouldn't give Tim the death penalty for forgetting, but I can't speak for others.

[Judy T]

Collins said the jury wondered where Rove was, where Cheney was .... maybe they should have considered they weren't there because there was no crime committed.

BDS began in November 2000 and it amazes me that people are so deranged that they have lost all sense of logic, reason,...

This is such a sad day for the First Amendment, for our justice system, for just about everything.

I hope the lefties celebrate by drinking so much that they kill the last two brain cells that they have.

I also want Sandy docs in socks Burglar's plea agreement set aside for his violation of failing to take the lie detector test.

[lurker]

Reid

Now Pelosi and Kerry made comments.

Verner, wonder if Wells knew about Denis Collins in advance and using that to build his argument for a new trial?

[Sue]

Enlightened,

Be careful. I am not sure that is the same Denis Collins. I know, hard to imagine more than one who is an author but it may be true. I am trying to figure out if the author of that book is the same Denis Collins. That author was a professor at a university in Wisconsin and I'm not sure this Denis Collins is the same one.

[lurker]

Love this comment from Sweetness & Light:

Reid got at least $68,941 from Abramoff, while Delay received only $15,000. Moreover, Mr. Delay quickly returned the money, which Mr. Reid has adamantly refused to do. But of course Delay is a Republican.

Such is the state of morality in our nation’s capitol today.

[nykrindc]

You raise some interesting questions Tom M. However, given the fact that Scooter Libby was being prosecuted for perjury it was not the media's role to investigate those questions, rather the main burden was on the attorneys defending him. That they didn't, either points to the fact that they were an inept team, or that they already knew the answers to those questions would not help their client.

[Jane]

Nick,

No Court would tie what you paid for a defense with its competance. Remember, Judges are also lawyers. They know what goes on.

I don't think Wells et al were incompetant. Winning a trial is often a case of guessing what the jury and Judge will buy. And a lot of the time, you guess wrong.

And losing a trial is about the worst feeling on the planet, I can say from experience.

[birdseye]

We know now how important that alleged conversation with Tim Russert is to this jury. I don't think Ted Wells deserve the accolades I've read. Why wasn't Ekenrode on the stand to talk about the phone conversation he had with Russert and how the notes could have been lost in the biggest case of his life?

[kate]

Wells has had good luck defending Democrats. He successfully defended 2 Clinton cabinet officers.

[Patrick R. Sullivan]

'Tim Russert embodies the MSM.'

So does this Dennis Collins. He obviously knew a lot more about this case than just what he was introduced to in the trial. He said he was disappointed that the trial wasn't about the leak.

He was one of those sparrows that followed the leader who flew off first.

[hit and run]

Enlightened/Sue

Different Denis Collins. Associate Professor at Edgewood College in Madison, WI

here

[dorf]

How could anybody leave a reporter on this jury?

[roanoke]

I looked at a bunch of article summaries for what he wrote at The Washington Post-and it's all sports.

He could be the writer of Nora's Army, but that seems to be a historical novel.

[verner]

Hey H&R,

Wonder if any of his CIA "sources" were freinds of Valerie in the agency?

[dorf]

A reporter who worked for the WP on this jury? Is that even possible?

[Whitehall]

Re NBC News - GE appointed a new group head for NBC-Universal when the trial was in-progress. Ratings and profits are down two years straight.

Someone upstairs knows something is amiss and threatening the cash flow.

One would think that such mucking about with the administration, ANY administration, was putting corporate assets at risk and would be a firing offense.

It's way past time to clean house.

[Michael]

Is this the same Larry C Johnson who said that it was no wonder Karl Rove's mother committed suicide when she saw the offspring she had produced? That is one sick guy.

[roanoke]

Enlightened -

That's a different Denis Collins.

An economics professor, or some such the blurb was on the back of the book via Amazon's "look inside feature".

[Terrye]

If it turns out that the juror knew Russert and kept that to himself, could they throw out the conviction?

I really do not see that happening and I think it is possible that Libby did say something stupid to someone along the line...but then again it also seems to me that this whole thing has been a Godawful waste of time and resources.

I hope Libby does not have to go to jail.

[centralcal]

Well, let's hope some of the other juror's like to talk too.

[Sue]

H&R,

I found that earlier. Wasn't sure if it meant anything since we know several PhDs were on the jury, but since his 2004 book wasn't listed, I assumed it was 2 different people.

[centralcal]

The only good part of the day was when I realized I won't have to go to firedoglake for info anymore.

[birdseye]

"Tim Russert embodies the MSM. (and he is getting so big it can almost fit into him). If you aren't watching closely, but want to know what is going on in the world, you watch MTP."

I do watch MTP if I'm still awake (it is broadcast in my country at 12 mid-night). I just regard Russert as a shill for the Dems. Nevermind that. But I am truly shocked that this jury had no problems with Russert's testimony. On MTP, Russert usually begins by playing a video-tape or show what the guest had said or written in the past. I cannot recall anyone not being able to recall what had happened. Yet, in this trial Russert could not remeber he was on an Imus show even when the video was played to him. He even forgot two phone calls that he made to one poor reporter! Yet he appears to be so credible to the jurors.

[Enlightened]

A WAPO/NYT writer, shares space with Pumpkinhead and his boss is Woodward.

Makes it to jury box, refers to the Wilson OpEd (NYT), claims it was the Russert conversations (Pumpkinhead my good buddy) and wonders where are Rove and Cheney (NYT/WAPO repeatedly)

Ya think?

[lurker]

OT:

New Webb Resolution

[Syl]

Be careful when searching for Dennis Collins and articles in the San Jose Mercury News. There's another Dennis Collins, past president of some non-profit, Irvine something, whose shenanigans were written up in the SJM...it's not the same Dennis Collins.

Just a heads up.

[Enlightened]

Oh wait - add to the mix the writer has written a book about SPYING, and is knee deep in a trial that was NOT about spying, but he intimated it was.

Now. Let's revisit those jury questionaire's and instructions. Someone has some 'splainin to do.

[centralcal]

Jane:

"Now I'd like to see Russert prosecuted for perjury when we have confirmation that Mitchell and Gregory told him about Plame."

Whatever became of the waiver issue that was raised during the trial. Is he not liable for any of that?

[hit and run]

verner:
Wonder if any of his CIA "sources" were freinds of Valerie in the agency?

The CIA reviewed his book here what's it mean he's "with" the museum?

Denis Collins, with the International Spy Museum. SPYING: The Secret History of History. New York: Black Dog & Leventhal Publishers, Inc., 2004. 166 pages, bibliography, photos, index.

He's a spy-ophile

[anonymous]

And now for a rousing game of 'grasping at straws' ...

[hit and run]

Syl - good point. And "our" Collins is Denis with on "n"

[goldwater]

WHAT IN THE FLYING HELL WAS THIS GUY DOING ON THE JURY????

[Syl]

lsyr

...
Libby as scapegoat for Rove;
...

Wells never said Libby was a scapegoat, he said Libby feared he was.

However, since Chris Matthews is claiming that Wells claimed Libby was a scapegoat and says that implies a crime/conspiracy, Well's has obviously been misunderstood (selective hearing) and shouldn't have introduced that word at all in any way, shape, or form.

[hit and run]

WHAT IN THE FLYING HELL WAS THIS GUY DOING ON THE JURY????

Why, speaking truth to power, of course.....

[Morat20]

Any of you banking on an "incompentent defense" appeal have to be smoking the good stuff. He had multiple high-dollar, respected, and experienced lawyers devoted to his case.

He was not, for instance, represented in a capital matter by a public defender who napped through most of the case.

Secondly, as someone else noted: If you are saying "Why didn't Wells/etc do this" -- perhaps the answer is doing that would be worse than the status quo. Libby's defense team undoubtably has reams and reams of material that we don't (and even that Fitzgerald didn't). If he didn't air it in court, or even try to get it any -- or didn't call someone as a witness that you think would clear the air -- I sincerly doubt it was because of "incompetence".

As for the "Why isn't Rove here" line -- wasn't it part of the defense's strategy to highlight the fact that only Libby was picked on?

My reading of those comments is that the jury DID feel sympathy for Libby, and felt he was not alone in this. They also felt he was guilty.

Blaming the jury, betting on phantom appeals -- it sounds like all the feverish speculating that Andrea Mitchell would testify and obliterate Fitzgerald's case. You might want to sit back and take stock a bit. Some of the comments are getting a bit insane.

[roanoke]

Well here's a description of his first date-

MY FIRST date with Trudy was at a White Castle on Fordham Road. Not a date exactly, because we had just met that night at a party. She was a rich Manhattan College sophomore slumming in the Bronx. I was a semi-drunk Fordham University junior who guessed that this auburn-haired debutante had never been exposed to belly bombers. At 2 a.m., in an emergency-room- bright, 15-cent-a-burger fast-food restaurant peopled with characters who looked particularly colorful against the white tiled walls, I..

I've been through the San Jose archives and he writes about, earthquakes, mudslides, traffic, art reviews, and sport.

Some court stories-but nothing really comparable.

[widespread panic]

BAWAHAHAHAAAAAAAAAAA

FUCK ALL OF YOU BUSHNAZI APOLOGISTS AND WAR MONGERING SUCK UPS !!!!!

ONE DOWN !!!

CHENEY AND ROVE TO GO !!!!

ALL OF THE BUSHNAZI TREASONOUS BASTARDS SHOULD SWING FROM THE TREES ON THE WHITE HOUSE LAWN FOR THE DAMAGE THEY HAVE DONE TO THIS COUNTRY !!!!

ALL OF YOU BUSHNAZI KOOL AID DRINKERS AND ASS LICKERS CAN GO FUCK YOURSELVES !!!!

LOSERS !!!!!!!!!!

GOOD LITTLE GERMANS CAN GO SUCK IT !!!

BAWAHAHAHAHAAAAAAAAAAAAAAAAA

[anonymous]

Some of the comments are getting a bit insane.

Posted by: Morat20 | March 06, 2007 at 04:28 PM

[ctm]

Here's a curious little factoid to add to the mix on Denis Collins.

When Wilson was asked about his and Val's picture being on the cover of Vanity Fair after her 'outing,' he said he thought the picture would end up in the spy museum. I can't remember who was interviewing him or whether it was in print or on TV.

It struck me because I didn't know there was such a place in DC.

[Judicious]

Guys coming up with some wackabrained conspiracy idea about Collins isn't going to unconvict Libby.
A juror once working for the same company as a witness, or even knowing a witness personally isn't automatically grounds for dissmisal. If it was then no small town could put a jury together. The idea is to find a jury willing to consider the facts, and that's what voir dire is all about. Both the prosecution and the defense got a chance to review the potetial jurors before they joined the jury, and the jury that was assembled was the result of that process.

I think ultimately you have to consider the possibility that Libby was guilty as charged. Indeed that is what the judicial system has decided. He'll get his shot at appeal, which he'll probably lose, and then he'll get pardoned. So don't sweat it.
In the meantime, sometimes the facts don't go the way you want them to.

[roanoke]

centralcal-

he only good part of the day was when I realized I won't have to go to firedoglake for info anymore.

I second that one.

[Dave in W-S]

The Amazon reviews of Collins' book indicate it is largely pictures with minimal text content. Not an exhaustive treatise, but more of a coffee table book (my interpretation based on the reader comments). That would seem to match up with the lightweight subject matter of his published articles.

[Sara (Squiggler)]

Now for the Pardon

[centralcal]

I just hate it when Harry Reid trolls this comment thread and then feels it necessary to post something using his "comment de plume" of 'widespread panic." Harry/wp, please, save it for the democrat caucus.

[Sue]

What did he say during voire dire? Did he reveal that he had written a spy book with an epilogue that compared intelligency agencies? If he claimed he didn't know much, or read much, about the Plame outing, I'll call him a liar. The largest spy scandal being played out in a newspaper he worked for and he didn't know the intimate details? Phooey on that.

The book ended with an Epilogue that talks about 9/11 in comparison to Pearl Harbor. The author goes on to open an eye to what was going on with intelligence agencies before and after those events. They go on to discuss how the intelligence field needs to adapt in the "new world order".

Discussion stating that technology such as spy satellites must be used in conjunction with spies who are greatly needed in the field of espionage.

[Jane]

Centralcal,

I don't know what you mean by "the waiver issue".

betting on phantom appeals

Did Amy change her name?

[lurker]

Fitz said his investigation is OVER. He will not file any more charges. He would help if necessary but they won't need his help anymore.

I just fired off emails to the Department of Justice, White House, VP, John Cornyn, and Kay Bailey Hutchison. Perhaps you guys should fire off letters or emails to the DoJ, White House, VP, your senators and representatives?

[RichatUF]

Nora's Army review

[lurker]

OT: so now the democrats is considering an even "slower bleed" by offering more funds to the war in order to get more Republican votes. But there's a catch 22 here.

[Sara (Squiggler)]

Scarborough: "This Is A Disgrace and a Debacle"

A few minutes ago Joe Scarborough crashed MSNBC's Libby-verdict victory party, calling the whole case a "travesty" and excoriating Patrick Fitzgerald, the Bush administration (for letting the case go forward) and last but not least, Joe Wilson for being "one of the biggest liars I've ever seen skate across the Washington stage."

[RichatUF]

another group...
Washington Writers' Pub. House

graf::WWPH has received grants from the Lannan Foundation, the National Endowment for the Arts, the DC Commission on the Arts and Humanities, the Nation magazine...

[Christopher Fotos]

I just now noticed that Jeralyn Meritt had a live chat about the conviction this afternoon. I'm just poring over it. Her opening:

Chicago: Do you believe that Libby has good grounds for appeal? His attorneys did agree on continuing with an 11-jury-member verdict.

Jeralyn Merritt: I do think Mr. Libby has some grounds for appeal. I suspect chief among them will be the court's refusal to allow him to (1) call a memory expert (2) call NBC reporter Andrea Mitchell as a witness and (3) introduce additional impeachment information about Tim Russert.

[centralcal]

Uh, I guess not Jane, since waiver isn't what I meant to say. So sorry. Affadavit is what I meant and I am not sure that is even correct term.

Russert spoke freely of his own volition to FBI regarding his conversation with Libby. Then later he filed something (not sure now what it's called) via NBC laywer's saying he couldn't divulge his sources, yadda,yadda.

[lurker]

Bill Bennett says that this case will have a backlash the press will regret: sources will be less likely to speak with them, not because the press was called to testify but because senior government officials will be expected to remember every jot and tittle of what they say to each member of the press in their background, off-the-record, and investigative interviews.

My take - every senior government official will make sure that their phone calls are taped, that they get copies of those FBI interview forms, that they make copies of their own emails, letters, et al.

[Enlightened]

If the juror deliberately lied in voir dire, (he did) and the lies are prejudicial to the defendant (they are), and said juror used undue influence on the other jurors to convict (not known) - yes there may be grounds for appeal.

[MayBee]

betting on phantom appeals
Did Amy change her name?
P

I'm not pointing any fingers, but here's a fun factoid. After getting banned at Jay Rosen's, p luk took on the identity of "amy (or maybe ami?)" and posted there as a woman for quite some time.

[justathought]

This is my first time ever commenting on a blog. Please forebare. I keep reading that Wells said in his opening that Libby feared he was be scapegoated. Everyone I read seems to assume that he means that he's being scapegoated by Rove/Cheney/Whitehouse. Could he not mean that he feared being scapegoated by the Fitz/Media/Libs, we all know that they wanted Rove frogmarched out of the whitehouse????? That seems to me to make more sense as a defense tactic.

[lurker]

If the juror deliberately lied in voir dire, (he did) and the lies are prejudicial to the defendant (they are), and said juror used undue influence on the other jurors to convict (not known) - yes there may be grounds for appeal.

Denis Collins will never admit to this.

Can Libby's lawyers talk to the other jurors to find out if Denis Collins exerted undue influence on the other jurors to believe Tim Russert over Libby? Will the other jurors tell the truth?

[verner]

Jeralyn Merritt: I do think Mr. Libby has some grounds for appeal. I suspect chief among them will be the court's refusal to allow him to (1) call a memory expert (2) call NBC reporter Andrea Mitchell as a witness and (3) introduce additional impeachment information about Tim Russert.

Sounds like Jeralyn is developing a guilty conscience--unlike the rest of the lynch mob.

I think she needs to add Jury misconduct to the mix too.

[Syl]

Judicious

In the meantime, sometimes the facts don't go the way you want them to.

And sometimes the Finders of Facts misinterpret them. Isn't that why the left is so against the death penalty? I'm against it myself.

I still believe there was enough reasonable doubt in this case to acquit Libby. The jury did not. But it seems they had more on their minds than Libby forgetting--it was a conspiracy and why didn't Rove show up too.

The jury speculated beyond the bounds of the evidence presented at trial. Doing so is more common in juries than we'd prefer to believe yet there's really nothing we can do about it.

But what I think is insane that some people believe that because Libby was found guilty ipso facto Cheney ordered the outing of Plame to retaliate against a noble whistleblower.

And that is truly speculation outside the bounds of ANY known facts.

[Sara (Squiggler)]

Verner: Jeralyn is first and foremost a defense attorney. He politics get in the way sometimes, but in the end, she is a defense advocate.

[glass]

Chris Matthews just read off a list of Denis Collins' journalististic contributions. It's extensive.

[verner]

graf::WWPH has received grants from the Lannan Foundation, the National Endowment for the Arts, the DC Commission on the Arts and Humanities, the Nation magazine...

They only give to their own. Ten buck says Collins has been to David Corn's house for cocktails a time or two...

[MayBee]

Harry Reid should be ashamed of himself, getting publicly involved in a case before sentencing has happened.
How funny that this case comes to a close on the day that the Dems are holding a hearing investigating political interference in US Attorney's cases. I don't know if they asked Conyers about his letters to Libby during this investigation, but they should question Reid about his call to deny Libby the same access to the constiutionally-granted Presidential pardon that every other citizen has.

[lurker]

Dan Reihl - joke:

"Breaking: Libby Takes Deal

Immediately after the verdict in the Scooter Libby trial was delivered, former Vice President Al Gore announced that General Investment Management has paid several individuals for rights to their non-perjurious testimony given at various trials over the years.

For a price, Gore will sell Libby enough non-perjurious testimony to balance out his convictions today. Negotiations on going, Libby's lawyers expect the case to be settled by tonight.

Obviously Bill Clinton did not qualify as a seller, though word is he may be interested in a purchase for himself."

[Dave in W-S]

RichatUF,

I think the Nora's Army Collins may be a different guy. The first name is spelled differently. Actually,there are several similarly named folks out there with a publishing history.

[lurker]

MayBee, can you give us a link to this Dem's hearing about the political interference into the US attorney's cases?

Thanks!

[Christopher Fotos]

No huge surprises in the Jeralyn Merrit chat, just a good clear recap of what has happened plus a few honest opinions labeled as such. This kind of lefty I can take anytime.

I highlighted her opening about possibilities for appeal, but she later emphasizes "possible"--she doesn't see any thunderclaps. Thought the attorneys on both sides of the aisle were well-prepared, has a high opinion of Walton (hey, it happens) and did a good job straigtening out a questioner or two who were shall we say confused about the case proving classified information had been compromised.

[Sara (Squiggler)]

Dnis Collins' remark about how they didn't believe Libby was "surprised" is the shocker. They seemed to take that to mean Libby was surprised to learn about Valerie and couldn't square that with hearing it from nine others. The fact is that Libby was "surprised" to hear it from Russert, who to Libby's knowledge should not have known about Val's role or that she worked at the CIA. This is why Walton's rulings limiting the defense from putting on witnesses to counter Russert or show what a liar he is, is so damning.

[MayBee]

CNN's political reporters keep saying this trial gave us a glimpse into the hardball tactics this administration used against critics, such as declassifying parts of the NIE. OUCH! Hardball.

I am also hearing a reporter say that Libby's conviction for lying proves the whitehouse used lies to go to war. I'm not sure if she is quoting someone here or not, but that is simply idiotic.

[RichatUF]

What's in store

laugh it up, widespread panic...Soros's money won't save

RichatUF

[Uncle Pinky]

I remember thinking that this journo/juror could go either way, but this was after he had already been empanelled. Stuck up here, didn't have access to my D.C. area people to find out who he was. Bugger, bugger and bugger. Wouldn't have helped any I s'pose, but now I am damn certain that he took the lead in the jury room and is probably resposible for attempting to "solve the crime" as opposed to ruling on the evidence. Pisser.

[Ralph L.]

Any prominent Republican with any sense won't talk to the FBI within 30 miles of the Beltway, if at all.

It looks like I was completely wrong about the level of BDS on this jury. Can lies in voir dire be used as a basis for a new trial?