New Libby filing from 09/15/06

[stop the bleeding]

09/15/2006 Reply of Libby in Support of Expert Testimony Under Federal Rule of Evidence 702 - 18 pages

http://justoneminute.typepad.com/

and the rest are here - have a good weekend everyone

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=358&topic_id=3589&mesg_id=4386

[fooj]

1. Bookmarked to read later!

Thanks!

[Patsy Stone]

2. Thanks, stb!

:thumbsup:

[CabalPowered]

3. "innocently misremembered"

:rofl:

[The Backlash Cometh]

5. Is Bush his lawyer?

[bleever]

8. Reminds me of that Stephen Wright joke:

"The other day I...oh, wait; that wasn't me."

:rofl:

[annabanana]

4. Yeah, a weak memory is exactly what I remember

most about ol' Scooter..

Why that guy would forget his HEAD ifn it weren't attached..

sure..yeah... That's the ticket...

[DemReadingDU]

6. Thank you for finding these court docs for us

K&R

[kpete]

7. K&R

[bleever]

9. My review: "I laughed, I cried. The feel-good filing of the summer!"

"Dr. Bjork, professor of forgetology, will establish that jurors' understanding of memory is actually backwards. Swearing that you remember something might actually be proof that you don't! And it's not enough that jurors may know that memory is potentially affected by time and stress; they need to hear about the "encoding" and "retrieval" aspects, and how everything they think they know about memory may be wrong! Or not. But still, we should let him testify. And you have our word: it will not confuse the jurors. At all.

"We just want the jurors to keep in mind that we live in a world of mystery and magic."

[Patsy Stone]

10. Fitz sez: Nice try.

Following in this administration's view of the common man as idiot (see: * in the presser saying we couldn't possibly understand those confounded Geneva Convention rules), Scooter's case is that the jurors can not possibly know enough about the "science of the brain" to accurately judge his actions. The plan: the expert will try and validate the fact that it's perfectly plausible that three people remember something but, without sustaining grave head trauma, Scooter just doesn't.

Fitz makes these points:

1) Scooter hasn't committed to testifying on his own behalf, and even declines to identify which events or conversations he will claim he got right and which he got wrong. So, what is he defending?

2) Details regarding how the defendant may have misremembered do not make it "more plausible" that he innocently misremembered.

3) The proposed expert testimony will provide the jury with no assistance in distinguishing between inaccurate memories and deliberate lies. In fact, it may end up confusing them, leading them to the faulty conclusion that maybe no one really remembers anything. Moreover, this testimony will probably not tell them anything that common sense wisdom doesn't know (i.e. memories can fade, confidence doesn't equal perfect recall, etc.).

4) This isn't a case about a traumatic or repressed memory, it doesn't involved anything as serious as eyewitness testimony, and Scooter can't prove it will help the jury's understanding of the facts. Even in cases involving actual memory issues, with regards to matters of life and death, they didn't allow this expert testimony. So give it up.

Personally, I can't get past the name Dr. Bjork.

[DoYouEverWonder]

14. Seems Libby is good at remembering

that he doesn't remember.

If this is his defense why doesn't he just plead guilty and save everyone the time and expense of a lengthy trial?

[Patsy Stone]

16. That's the $64,000 question.

Because he knows he's guilty and wants to stay out of jail as long as possible?

And: it's that he's not good at remembering that he doesn't remember -- and he's gonna prove it. :eyes:

[hootinholler]

18. And then you add the meata ballsa bork bork bork. n/t

[bleever]

21. I had a feeling

the swan dress would make an appearance in this thread.

[samsingh]

11. kick

[blogslut]

12. kicked

and recommended. :)

[jeffuppy]

13. Is Fitzgerald's investigation over?

Has Patrick Fitzgerald ever announced that his investigation is over? As far as we know his office could be engaged in more than just the Libby prosecution. Still investigating this case? What's to say otherwise?

[stop the bleeding]

23. you are correct - nothing or no credible source has said anything

about this investigation being over.

[H2O Man]

15. A sad, sad day

for our legal system is being proposed by the author of these 18 pages of feces. What Team Libby is proposing has little to do with memory per say .... the only important information included in the Reply in terms of getting to the truth is that they admit that Scooter's testimony to the FBI and to the Grand Jury was inaccurate. They are not claiming that, for example, Russert was wrong. The reason for this is that they have found that Russert documented his phone conversation with Libby in an explosive manner. And in order to try to lessen the overwhelming proof that Libby was involved in a systematic series of outright lies, to cover up for himself and his hero Dick Cheney, his lawyers need an "expert." And so they are trying to keep the jury from seeing the obvious, by bringing in an "expert." Yet this "expert" is in no position to determine -- before the trial, when only given information from the defense -- if Scooter LIED or made an innocent error. What the Libby lawyers are hoping to do is to contaminate the process by derailing the search for FACTS and TRUTH. They propose to bring in a doctor of scatology, in order to assist their attempt to turn hard facts into soft shit.

I assume that Judge Walton will reject the defense attempt to bring their "expert" in. Of course, that ruling will become part of the basis of their appeal after Scooter is convicted.

[bleever]

22. My only exception to your analysis

is that I'm inclined to say "steaming pile of feces".

I hope your are correct once more in assuming that Judge Walton will reject this attempt at a sideshow.

If this is the best that Team Libby has got, it doesn't bode well for Scooter.

[driver8]

17. How to make a million dollars and never pay taxes...

(From Steve Martin)

First -- make a million dollars.

Then, don't pay your taxes.

When the IRS comes to the door and asks you why you didn't pay your taxes, simply say, "I innocently misremembered."
------

This shit would be funny if it weren't true. These people are unbelievable.

[DoYouEverWonder]

19. But gee officer

I forgot the speeding limit was 55 and I was only going 90.

[Me.]

20. Scooter Must Be Relieved

That he remembers that he doesn't remember

*shadow government*