Libby Jury Note Was About Matthew Cooper

There was much waiting this morning as the Court decided how to respond to yesterday's jury note.

Here is yesterday's note. It was a question about what was required on Count 3 of the Indictment, pertaining to former Time reporter Matthew Cooper. The count alleges Libby made a false statement to the FBI about his conversation with Cooper in the fall of 2003. This is not the perjury count.

Update: Jane of Firedoglake reprints the text version:

We would like clarification on the charge as stated under Count 3 specifically:
Page 74 of the jury instructions, "Count three of the indictment alleges that Mr. Libby falsely told the FBI on October 14 or November 26, 2003, that during a conversation with M. Cooper of Time Magazine on July 12, 2003, Mr. Libby told Mr. Cooper that reporters were telling the administration that Mr. Wilson's wife worked for the CIA but that Mr. Libby did not know of this was true.
(i.e., is the charge that the statement was made or about the content of the statement itself)
Judge's note at the bottom — I am not exactly certain what you are asking me. Can you please clarify your question?

After the Judge responded, the jury sent back this note, indicating it now understood what it was supposed to do.

Firedoglake is live-blogging deliberations again. I agree with Marcy that the Cooper counts are the weakest in the Indictment.

I've also just received from the Court staff the final jury instructions with the caveat that the Judge may have modified some words as he read them, so the official version is what was actually read to them. They are 127 pages, so I am not uploading them, but they will be really useful in analyzing their verdict when it comes in. Previously, all we had was each parties' requested instructions and the Judge's resolution of the differences at the jury instruction conference. So it's a great help to have the final instructions in one document. A big thanks to the court's staff for providing them.

(Of course, the big media organizations have the transcripts of the trial and of the Judge's reading of the instructions. We bloggers are not so lucky. I've managed to obtain transcripts of some of the testimony and closings and openings, but not the final jury charge. Also the transcripts I've received may only be read through a special viewer with built in controls against selecting portions or saving them.)

Update: John Dickerson at Slate has a concise take on the Matthew Cooper note.

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    Wrong Focus (none / 0) (#1)
    by Fritz on Wed Feb 28, 2007 at 12:04:25 PM EST
    To me, this indicates the jury is focused on the Administration's talking points and not the indictment.  Just as Fitzgerald had hoped.  The judge should have clarified that what ever Libby said to reporters, true or false, is irrelevant to the charges.   This should guarantee an appeal.

    I dont know (none / 0) (#2)
    by abeincicero on Wed Feb 28, 2007 at 04:38:26 PM EST
    From reading the note, it appears to me that the  jury was confused if the charge was:

    1. Whether Libby was lying to the FBI when he said he told Cooper that reporters were telling the administration that Mr. Wilson's wife worked for the CIA but that Mr. Libby did not know of this was true (ie. there was no such conversation between Libby and Cooper);


    2. Whether Libby was lying to Cooper about the content of what Libby told Cooper.

    I believe the answer is no. 1  Any thoughts?