Libby: One Part of Judith Miller Count May Be Dropped
Thanks to Tom Maguire for pointing this out. After Judith Miller's testimony, Libby lawyer Ted Wells told the judge he would be moving for a judgment of acquittal on a count pertaining to her. He didn't explain it at the time. Neil Lewis of the New York Times writes:
The Libby defense won a victory of sorts when Judge Reggie B. Walton agreed to exclude part of one of the five felony counts against Mr. Libby. But it remained unclear whether the change, which was not contested by the prosecutors, would matter in jury deliberations.
Tom picks out the part that will be deleted:
33. It was further part of the corrupt endeavor that at the time defendant LIBBY made each of the above-described materially false and intentionally misleading statements and representations to the grand jury, LIBBY was aware that they were false, in that: ... c. LIBBY did not advise Judith Miller, on or about July 12, 2003, that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise her that LIBBY did not know whether this assertion was true;
Apparently Fitzgerald failed (forgot?!?) to elicit relevant testimony on this point.
Nice deduction work, Tom.
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