LIBBY TRIAL: ‘Memory Defense’ Denied in Court, But Rightwing Outlets Run With It and the Rest of the Media Follow…

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*** Special to The BRAD BLOG
*** by Libby/CIA Leak Trial Correspondent Margie Burns

As noted in an earlier post, the Libby defense team has emphasized memory lapses in the first three prosecution witnesses, government figures who placed Libby at the nexus of information about Joseph Wilson’s wife. Probing, sometimes repetitiously — or so it seemed to me, sitting in Courtroom 16 — for variable or incomplete memories took up much of the first two days of the Libby trial, now in its third day.

This line of attack has already been picked up by rightwing media outlets, including a gloating article posted this morning by Byron York at the National Review and another on a rightwing web site called “America Thinks.”

More insidiously, the same line is seeping from some large media outlets. The Los Angeles Times ran an article today saying that the “memory defense” is aided by the government witnesses’ own memory lapses, and the Baltimore Sun reports that the “‘busy man’ defense gains some ground”. The local (D.C.) ABC television station presents a more balanced report, but very brief.

As it turns out, the memory defense at this stage of the Libby trial is not supposed to be used under judicial guidelines. Former prosecutor Christy Hardin Smith, also present in Courtroom 16 yesterday, points out that for Libby’s lawyers to plead shortness of memory, Libby himself has to take the stand as a witness, because it is his memories that are being referenced. The unremitting focus on witness memory for the entire day Wednesday seems to have resulted in a ruling from the judge that there will be no ‘memory defense’ allowed in the closing argument unless Libby does take the stand . . .

It would be impossible to predict outcomes at this point, especially for a non-lawyer. It is difficult, however, to imagine the circumstances under which the defense team would want Libby to speak under oath from the witness box.

Meanwhile, it must be noted ““ at the risk of pointing out the obvious ““ that “memory” is hardly the only faculty expected or required of a busy professional. I have a fairly good memory myself but well know that it is no more infallible than anyone else’s memory. (Faulty memory is a universal, but a universal is not a constant.) Only a profoundly uncaring individual would forget about matters costing thousands of other people’s lives.

Descending to the mundane, part of professional responsibility is jotting down notes and reminders, so that memory doesn’t have to serve.

Keeping communications flowing, keeping good records, and making copies are all part of probity. The obligation is no less essential but all the easier when the busy individual in question has an ample staff, to say nothing of the experts from other areas at his beck and call.

When did it become a given that Bush, Cheney and all their top aides ““ senior government officials ““ should neither keep nor be expected to keep records? Is relying exclusively on memory a hallmark of duties discharged?

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Reader Comments on

LIBBY TRIAL: ‘Memory Defense’ Denied in Court, But Rightwing Outlets Run With It and the Rest of the Media Follow…

25 Comments

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25 Responses

  1. 3)
    Larry Bergan said on 1/25/2007 @ 10:57pm PT: [Permalink]

    Almost everybody seems to be throwing Cheney under the bus, but very little mention of Karl Roves connection.

    I hate this pattern.

    1 Important story breaks.
    2 Media omits most of the story or changes the subject.
    3 Internet bloggers try to get media to cover story with no pay on their own time.
    4 Media refuses.
    5 Story goes away.

  2. 4)
    Floridiot said on 1/26/2007 @ 2:23am PT: [Permalink]

    Look at Chavez, he is still fighting the Fascist media down there, and he has been in the Pres. since like, ’99 ?
    It shows that we are up against a way worse problem here.

    “A collaborative alliance of the five media “majors” that include Globovision, Televen, CMT and Venevision (owned by billionaire strident anti-Chavista Gustavo Cisneros who’s called the Rupert Murdoch of Latin America because of his vast media holdings) along with RCTV began their anti-Chavez campaign soon after Hugo Chavez assumed office in 1999. In addition, 9 of the 10 major national dailies were part of the joint corporate effort to harm Chavez’s popular support and undermine his legitimacy even before he had a chance to implement his socially democratic agenda now flourishing under his Bolivarian Revolution.”

  3. 6)
    Dredd said on 1/26/2007 @ 6:34am PT: [Permalink]

    One notable reality that came out of yesterday’s testimony is the intense spying the Cheney Office was doing on Chris Matthews.

    To me this is a badge of honor. Anyone who Cheney spies on is doing a good job at the time.

    Matthews was digging deep into the Cheney do-do so orders went out to watch Matthews, get complete transcripts of his show Hardball, and distribute the transcripts to Libby et. al. for scrutiny.

    Matthews kept asking questions insinuating that the Iraq war had been planned from the beginning, and the Niger yellow cake story was known by Cheney and Libby to be false.

    Yet they put it into the SOTU for the 04 SOTU.

    Good job on this one Chris. It is an honor to be spied on by The Dick.

    If The Dick worked for The Donald the word would be “YOU’RE FIRED”.

    The American people said to The Dick and The George “YOU ARE FIRED” a long time ago. It is just taking a long time for them to clean their desks and get the skeletons out of the closet.

    Good job Chris Matthews of Hardball on this one!!!!

  4. 7)
    big dan said on 1/26/2007 @ 6:45am PT: [Permalink]

    If all these Republicans have “memory lapse” for events only a couple of years old, why aren’t the media outlets running with the story, “We have mentally incometant people running our country, who can’t remember things that happened just a few years ago. We shouldn’t have people like this running our country.” If our “leaders” can’t remember recent things, should they be leading our country in wars? This tells me, there’s something wrong with them mentally.

  5. 8)
    Ancient said on 1/26/2007 @ 7:03am PT: [Permalink]

    Oh yeah,
    Mary Koertje, Watergate-Nixion Iran-Contra–Ronnie. Easy mistake though, with so many criminals running our country (and not recalling what they did)its hard to keep em straight!
    I gotta hand it to the Honarable Judge Reggie B. Walton for taking a stand against this memory crap defense, at least in the closing arguments they can’t use it!

  6. 9)
    Ancient said on 1/26/2007 @ 7:31am PT: [Permalink]

    They can’t use it unless Libby takes the stand, as Brad pointed out. If he’s stupid enough to do that, its a slam dunk with Fitz! Either way, the tide has turned and their shit is unraveling fast.

    Can you just imagine how much money we can recoup from Halliburton once we ‘ve got Blow your Face Off in hand! Something else I keep wondering about is: what’s happened to all of Hussein’s personal stashed money? I think they said his assets were frozen, but inquiring minds want to know frozen where?

  7. 10)
    Dredd said on 1/26/2007 @ 7:35am PT: [Permalink]

    Update to post #6

    On the other hand, testimony yesterday was that Tim Russert of Meet the Press, is just a lackey for The Dick and the GOP:

    Memo to Tim Russert: Dick Cheney thinks he controls you.

    (link here). Hey, we have been saying that for about 40,000,000 posts haven’t we?

    The MSM is the propaganda arm of the “gummit” except for the ocassional slip up where they expose a crime here and there … accidentally one would suspect.

    And Brad has even given George Wills, Patrick Buchanan, and others, an honor here when the seemingly accidentally get that point.

  8. 11)
    Dredd said on 1/26/2007 @ 8:04am PT: [Permalink]

    This trial testimony may lead many states to pass impeachment resolutions:

    Two New Mexico lawmakers have introduced a measure calling on Congress to impeach President Bush and Vice President Cheney.

    (link here). I hope so. Both should go at the same time.

  9. 13)
    Miss P said on 1/26/2007 @ 10:24am PT: [Permalink]

    At least WaPo mentioned the ridiculousness of some of the things defense was asking witnesses to recall.

    Also, if Libby has a security clearance he’s not allowed to pass on or even to confirm classified information until he proactively finds out that the information has been declassified. (Read over at firedoglake.)

    Most of what we already know about Cheney is being confirmed. It’s ugly.

    I hope Cheney has the stomach to see this through. Frankly I think he’ll crack. Laughing behind Bush’s back at the SOTU was my clue. Imagine if he doesn’t get what he wants?! Ooooooh baby watchout.

  10. 14)
    texaslady said on 1/26/2007 @ 10:54am PT: [Permalink]

    You have a defense contractor, General Electric, owning a national media, NBC and Russert works for NBC well you owe the man paying your check.

    High ratings allows Olbermann and Dobbs to give us actual information, so keep watching or we will lose the shred of real news we have.

  11. 15)
    Ancient said on 1/26/2007 @ 11:00am PT: [Permalink]

    Miss P
    My take on the SOTU was that idiotboy seemed so much more confident because he knows Blow Your Face Off is going down. Leave it to idiotboy to think he can run the show now!

  12. 16)
    Miss P said on 1/26/2007 @ 11:48am PT: [Permalink]

    Or maybe, W and Cheney decided that Cheney would laugh on purpose – just to let BigOil know W was just kidding.

    Regarding the Libby Memory Defense Fund, I think it would be very interesting to see a list of all the small details from long ago that the Libby would have to have remembered and told his lawyer Wells in order for Wells to ask sniggly questions.

  13. 18)
    Dredd said on 1/26/2007 @ 1:35pm PT: [Permalink]

    I don’t Floridiot #17. But I do know that Libby is the soul mate of Alberto Gonzales, who is the spirit of the current regime:

    In the history of U.S. Attorney Generals, Alberto Gonzales is constantly reaching for new lows. So dubious is his testimony that he is not afforded the courtesy given most cabinet officers when appearing on Capitol Hill: Congress insists he testify under oath. Even under oath, Gonzales’s purported understanding of the Constitution is historically and legally inaccurate, far beyond the bounds of partisan interpretation.

    No wonder that with each appearance he makes on Capitol Hill, Gonzales increases his standing as one of the least respected Attorney Generals ever, in the eyes of both Congressional cognoscenti and the legal community. His most recent appearance bordered on the pathetic.

    On January 18, Gonzales appeared before the Senate Judiciary Committee. Senator Arlen Specter (R-PA), now the committee’s ranking minority member and former chairman, asked him a series of questions. With no wish to be snide, nor less than respectful of the post Gonzales holds, I must confess that watching his testimony makes me deeply uncomfortable. Gonzales does not seem to know when he is making a fool of himself, and I can’t tell if he is suffering from empty-suit syndrome or an unhealthy case of hubris.

    Whatever the explanation, one thing is clear: Gonzales’s latest testimony provided a micro-moment of how the Bush/Cheney Administration does business, and how it plays fast and loose with Americans’ fundamental rights.

    John Dean, emphasis added.

  14. 19)
    Floridiot said on 1/26/2007 @ 2:15pm PT: [Permalink]

    John Dean is a super guy

    on my #17, It also said a ‘German free Democratic caucus’
    or something like that (weird)

  15. 21)
    the_zapkitty said on 1/26/2007 @ 2:29pm PT: [Permalink]

    … Floridiot said…

    “OT but, I was watching C-Span and A guy with a German accent from the “New America Foundation” was talking, and the caption below said “promoting a German free Democratic party” Does anyone know WTF that is all about ?”

    I wou;d guess either a Democratic party free of Germans… (*rimshot* 🙂 )

    …. or he was speaking of the German Free Democratic Party… which, as a swing party controlling coalitions, could actually be relevant in congressional politics come to think of it, if he wasn’t just giving some background on something else.

  16. 22)
    Ancient said on 1/26/2007 @ 4:53pm PT: [Permalink]

    Okay, confession time……………..Specter is the only republican I’ve ever voted for. He aint all bad , pretty smart and tries to stick to the Constitution, when not being hogtied by a criminal cabal. There I feel better now.

  17. 25)
    Larry Bergan said on 1/26/2007 @ 10:17pm PT: [Permalink]

    Dredd:

    Personally, I think Gonzales was too stupid to know the law well enough to resign. Probably got a lot of advice from the “American Enterprise Institute.” An organization of dimwits with a logo.

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