As discussed here, Team Libby filed a new theory of defense instruction Thursday it wants the jury to consider.

In Fitz' final verdict brief, he objects to this portion:

Further, Mr. Libby was well aware when he was first interviewed by the FBI and when he testified to the grand jury that the investigators could and likely would talk to government officials and the journalists he spoke with concerning Ambassador
Wilson and that those officials and journalists would truthfully recount their recollections of the conversations he had with them.

More...

In preparation for Tuesday's closing arguments, it may be helpful to distill the charges and alleged lies of Scooter Libby, from the Government's point of view, since it has the burden of proof. In subsequent posts, I'll look at the defense arguments and the points of contention that still exist over jury instructions.

Note, this series of posts is not sexy. They are dry and may not be of interest to anyone not closely following the legal aspects of the case.

There are five counts against Libby. The first is obstruction of justice. Counts two and three are false statements to federal investigators in the fall of 2003; Counts four and five allege perjury before the grand jury in March, 2004.

Yesterday, the Government filed this brief outlining its position on the verdict forms the jury should receive as to counts 1, 2 and 5.

According to the Government, to convict Libby of obstruction of justice, it must unanimously conclude at least one of these statements which Libby made to the grand jury is false:

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Tim Griffin, the former Rove aide pushed by Harriet Miers and Alberto Gonzales to replace Arkansas U.S. Attorney Bud Cummins says he won't seek the appointment because of the objections of Arkansas Senator Mark Pryor and Senate Judiciary Committee Chair Patrick Leahy, who are leading the effort to block his appointment.

Tim Griffin, the former White House aide who has been at the center of a political storm over U.S. attorneys' firings, said yesterday that he will not seek the nomination to be chief federal prosecutor in Little Rock.

Griffin, 38, a military lawyer who previously worked for presidential adviser Karl Rove and for the Republican National Committee, was appointed interim U.S. attorney in Little Rock in December on the White House's recommendation. The Justice Department said it intended to nominate Griffin for the job permanently.

Griffin will remain interim U.S. Attorney until a new replacement is named. He said because of the opposition to his appointment, he won't subject himself to the "circus."

More....

Since Kathleen Blanco would be dead in the water is a nonstarter (my apologies for the distasteful phrase I used previously) in a bid for a reelection as Louisina Governor, this is good news for the Dems, via Charlie Cook:

Former Democratic Sen. John Breaux is seriously considering a bid for Governor of Louisiana. John Maginnis, editor of the highly regarded Louisiana Political Fax Weekly, initially reported the news this morning, and the Cook Political Report has independently verified that it is true. Apparently Democratic Gov. Kathleen Blanco has privately indicated a willingness to step aside if Breaux, or possibly another Democrat, such as Rep. Charlie Melancon, would run instead.

None of this is a done deal, but Breaux is serious, and his candidacy would change the face of the race for Democrats.

Breaux would win imo.

It isn't enough, but it's something. After years of nothing, the vote is worthy of note.

After four days of emotional debate over the extent of presidential powers in wartime and the proper role of Congress, the House of Representatives adopted a resolution today denouncing President Bush’s plan to send more American troops to Iraq.

The 246 to 182 outcome included 17 Republican votes in favor of the (unfortunately) nonbinding resolution.

Jose Padilla's has competency hearing has been continued to February 22 due to a report from prison shrinks that he's mentally fit for trial. The defense claims there are inaccuracies in the report.

The Christian Science Monitor today examine Padilla's allegation that he was tortured while held in the South Carolina brig for four years and cannot assist his lawyers in his defense.

...federal prosecutors are expected to urge the judge to ignore everything that took place during Padilla's military detention. They say his harsh treatment is irrelevant to whether he is mentally competent to stand trial.

Padilla's lawyers disagree. They say their client was tortured by the military and they are asking the judge to order the government to fully account for its treatment of Padilla.

Here's an article from a few weeks ago examining whether Padilla's allegations meet the definition of torture.

Update: The Judge has ordered three from the S.C. military brig to testify at Padilla's competency hearing.

While those with drug convictions are not able to get federal financial aid for college, the military is increasingly happy to welcome them into its ranks.

The elimination of student aid for drug offenders is unwise, unfair and as*-backwards. You can add your voice here.

A judge in Italy has ordered 26 people, most of them CIA agents, to stand trial on kidnapping charges. In 2003, Egyptian cleric Osama Mustafa Hassan was kidnapped in Italy and flown to an Egyptian prison where he alleges he was tortured.

Now the question is, will Italy seek extradition of the CIA agents from the U.S.

Lawyers say they have compiled thousands of pages of documents and testimony from Italian agents past and present, some of whom have acknowledged working with the US in planning the abduction. The trial is due to begin on 8 June.

Here's more on Ghost Air.

It's hard to buy publicity like this.

DEFENSE lawyer Joe Tacopina will be featured in a six-page profile in GQ under the headline, "1 800 Save My Ass." The story by Lisa DePaulo begins: "Suspected of murdering that blond girl in Aruba? Having some problems with your appointment as homeland-security chief? Made the mistake of having sex with Christie Brinkley's husband? Call Joe Tacopina, the best-dressed, smoothest-talking, hardest-working criminal-defense attorney going, and for a mere $750 an hour, everything will be okay."

Maybe Libby should have dialed that number.

Bad news today out of a federal court in Mexico. Duane "Dog the Bounty Hunter" Chapman has lost his appeal challenging extradition to Mexico to stand trial on charges of "deprivation of liberty" for his capture of Andrew Luster.

In October, 28 members of Congress sent a letter to Secretary of State Condoleeza Rice asking her to block the extradition.

Dog had offered an apology to Mexico, pay a fine, make a donation to charity and forfeit his bond money. That should have been enough.

It's time to free Dog. And yes, he's a long-time pal.

Marcy Wheeler, live-blogging for Firedoglake today, reports on the tedious legal arguments over jury instructions. She says in tonight's video, Libby attorney Ted Wells told the Judge he wants four hours for his closing argument.

If you don't have four hours to sit through it, keep your mouse poised at Firedoglake and Huffington Post (I'll be back in D.C. live-blogging at HuffPo.)

If you want the shorthand version of Wells' defense, here is the revised "theory of defense" instruction Team Libby today requested be read to the jury:

On the flight back to Denver today, I couldn't escape the Anna Nicole Smith hearing on the plane's tv. I'd totally tuned out the story the past five days. But it just keeps getting more bizarre by the day.

An Indian tribe is expected to seek a DNA test because she applied for tribal membership in the late 1990's.

The Tejas indian nation may file papers with Broward court requesting a DNA test to determine whether Smith has the tribal genome.

If Smith, whom tribal officials say applied for tribal membership in the late 1990s, does have Tejas blood, the matters of her body and her burial could be further complicated, possibly even requiring a tribal court's ruling, said Juan Matthews, a spokesman for the Tejas nation.

The Judge appointed a guardian ad litem for the child. All sides, not surprisingly, objected, to no avail. He also appointed an "administrator ad litum" to provide a roadmap.

And the judge ordered her embalmed.

"We want to preserve the beauty and model figure of Miss Smith," said Judge Seidlin. "Beauty was important to her."