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The Libby team's jury selection strategy seems rather clear: if they can find at least one, and preferably two, people who are among that 12% of the population in support of the administration's "surge" strategy to escalate the war in the Middle East, that would be golden. Two such people, or at least one, could possibly hold out against what otherwise might be a consensus to convict, possibly even nullifying the jury, if it came to that. Generally, the demographics that hurt the administration hurt the defense team: women (especially single women), minorities, working people or union members, liberal professionals, etc. The problem for team Libby is, their best jurors live in Salt Lake City, not Washington, DC.
Patrick Fitzgerald has a reputation for not making a big fuss over jurors during jury selection, and he lived up (down?) to that reputation today. He is mostly content to take people at their word if they say they believe they can render a fair and impartial judgment based on the evidence and according to the Judge's instructions. He seems most likely to verify that those with previous experience or exposure to the criminal justice system (as victims of crime, or who have family members of those who are policeman, etc.) believe they possess no strong biases or opinions based on those connections or experiences that might render them unable to deliberate in good faith. He can also be slyly charming. As one woman mentioned she has three children, Fitzgerald responded, "I take it these are young children?" Instantly, and with a southern twang, the woman countered, "Oh, aren't you sweet!"
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The Libby team is far more intent and active in its questioning of potential jurors. Beyond probing about any preconceptions potential jurors might possess related to the administration or the vice president, Wells and Jeffress seem regularly to ask about people's opinions of Tim Russert. Clearly, they seem worried about anyone who might be predisposed to think so highly of Russert that, when the time comes for his testimony to contradict Libby's statements, prospective jurors may reflexively side with Russert.
Team Libby furthermore seems very concerned about the news accounts people have read, as is understandable, given the profile of this case. What's more, Libby's lawyers regularly ask pro forma questions about the possibility of forgetting things, and about the possibility that different accounts of past events could be due to bad recollections held in good faith. Their questions are so mundane, however, it seems to me as if they are just using the questions to presell their case, a foretaste of the closing defense argument.
In the end, there will be a jury empaneled, and though the pace of juror review slogged along slowly today, the people at the courthouse seem to think we'll be done by Thursday. If today is any indication, the best Team Libby can hope for would be jurors who can give them a fair shake, enough of whom may have enough trust and faith in the president and the vice president to trust that their ex-employee, Irving "Scooter" Libby, is telling the truth. Today's jurors don't seem to show signs of being among those true believers in the administration's aggressive war policies, but then again, you never know with a jury, and people can and do surprise you.
Tomorrow, we go through another round of jury selection, and we'll know more about the potential jury pool. Stay tuned to the Firedoglake and the Huffington Post for liveblogging and daily coverage.
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http://www.firedoglake.com/2007/01/16/libby-trial-jury-selection-day-one-recap/