Give Me Libby or Give Me Death, Part III

Now that the Defense in the Scooter Libby trial has rested, it is time to analyze the state of the evidence and probable result in this case. The creation of reasonable doubt in a criminal trial is not a science. The ability to convince a jury that the government has failed to meet its burden of proof is a rare talent and qualifies as an “art.” Perhaps those cynics among us would not like to think of defense lawyers as “artists,” but rather as “con-artists.” The fact is, those few defense lawyers who can consistently persuade jurors that the evidence simply isn’t strong enough to convict a defendant, are among the most valued professionals on the planet. For it is a fundamental struggle for justice that is played out when the individual defendant, represented by a courageous and zealous officer of the court, must confront the limitless power of federal prosecution. Don’t misinterpret my words; I think Scooter Libby richly deserves his just deserts. As Willie S. would say, “What fools these mortals be!” No, there is no doubt that Libby lied on behalf of his boss, the dread Cheney. Never the less, one must feel some slight compassion for a man who has been hoisted on his own pole and disgraced for being, well, loyal.

I am always cautious when it comes to predicting the outcomes of trials. There are SO many variables and every jury is different. After all, juries are the ultimate in human judgment. Jury verdicts rest upon the perception, knowledge, psychology and emotion of 12 randomly picked jurors who happen to be human beings, with all the same flaws and positive qualities of the rest of our species. Which brings us to my prediction. Libby will be the recipient of a hung jury. You heard me! There will be at least one juror votes to acquit. Ted Wells is one of the D.C. Bar’s best. He is one of those artists and he only needs ONE JUROR. Libby will make one of those, “Where do I go to get my reputation back?” speeches. Then he will sign a 7-figure book deal and go on the lecture circuit. Libby and Judith Miller will spend part of each summer on Dick Cheney’s deck looking out on Chesapeake Bay. Is this a great country, or what?

Cheers,

Savant

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