LIBBY’S DEFENSE….Scooter Libby’s lawyer has outlined Libby’s probable defense against Patrick Fitzgerald’s perjury charges: he forgot.

As lawyers, we recognize that a person’s recollection and memory of events will not always match those of other people, particularly when they are asked to testify months after the events occurred.

I sure hope Libby has a backup plan. Granted, pleas of faulty memory are pretty common in court cases, but Libby has a high bar to overcome:

  • His first interview with the FBI was only a few months after the events in question. This isn’t a matter of being hazy on a few details years after the fact.

  • It’s been pretty well documented that Libby was obsessed with Joe Wilson. This wasn’t just a sideshow for him, it was something he spent a lot of time on.

  • Libby testified that his knowledge of Valerie Plame’s CIA employment came from reporters. This was false, but it isn’t just a matter of Libby’s testimony not matching that of the reporters who supposedly told him about Plame. Fitzgerald also has a bunch of evidence showing that Libby actively pursued information about Wilson and discussed his wife’s status with numerous people within the White House. That’s a lot to forget.

  • Libby repeated his false story on four separate occasions. He didn’t just alter a few details here and there, he made up a detailed cover story and stuck to it rigorously in front of both investigators and the grand jury.

I sure wouldn’t want to try to put lipstick on that pig in front of a jury. If that’s all Libby’s got, he’d better get on the phone with Fitzgerald pronto and start trying to cut a deal.

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