heir debate revealed that jurors had asked whether they could use Libby's grand jury testimony, which was played in court, as evidence that Libby lied during an earlier FBI interview.I have a sneaking suspicion that today may be the day, or tomorrow . . . or by the end of the week . . . . the perpetual deliberations.
Special Prosecutor Patrick Fitzgerald said the answer should be "yes" in the sense that all the evidence in the case helped establish Libby's state of mind. Libby's lawyers said the grand jury testimony could not be proof of the earlier statement. Walton agreed with both arguments, but said an instruction encompassing both would have to be crafted carefully.
Flash
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