Bending the Third Rail
Because We Should, We Can, We Do
Friday, March 02, 2007
Libby Jury Takes The Weekend
But before they left, they gave the judge two notes. The notes are:
As count I statement 3 (pages 63 & 64) do not contain quotes, are we supposed to evaluate the entire Libby transcripts (testimony) or would the court direct us to specific pages/lines.

Thank you.
We would like clarification of the term "reasonable doubt." Specifically, is it necessary for the Government to present evidence that it is not humanly possible for someone not to recall an event in order to find guilt beyond a reasonable doubt.
Christy Hardin Smith of Firedoglake, who has been covering the Plamegate embranglement from beginning to end thinks these notes represent the ending of deliberations where it hits the jury that they're about to drop the hammer on someone .... guilt pangs ... and that this is typical during a trial.

Jeralyn, who has been working the case as diligently, says:
Of course, this is reading tea leaves, but it sounds to me like one person (at least one, but in the minority) is taking the position that there is reasonable doubt because Fitz didn't prove that it was impossible for Libby not to have remembered an event.

Why in the minority? Because the answer is obvious and should be to them. It sounds like the majority have tried explaining this point over and over to one or a few people and they keep not getting it.
Both are criminal attorney's, Hardin a former prosecutor.

For what it's worth, I think they're both right. There's a hold-out who is having conscience pangs and the jury is currently deadlocked. I see it as good news for Libby, but not a slam-dunk bit of good news.