Amateurs.
Posted by iamcoyote at May 5, 2006 03:27 PMToday was direct evidence for those who just don't get it about how and why Fitzgerald is proceeding. By sticking to the perjury & obstruction charges on Libby he makes the most airtight case that he can, no wiggle room for Libby here and thus he can inch by inch, securely make his way up the ladder. It is always so tiresome to hear Tucker Carlson and the like babble on about how no one's actually been charged with the Leak, so what's the big deal. TODAY was a big deal because it underscored the necessity for Fitzgerald's methodology. Duh!
Posted by mainsailset at May 5, 2006 03:36 PMPerjury is a hard case to make...
In order to win the case before a jury... Fitzgeral has to prove that Scooter Libby knowingly intended to and did lie to investigators about a material matter... The key there is a 'material' matter.
What was the investigation about... and was any of libby's statements 'material' to any crime that was being investigated.
In other words... if Libby's attorneys can prove any of the following... then Fitzgerald's case falls apart.
1) That Libby told the truth
2) That Libby believed that he was telling the truth (mis-statements are not perjury)
3) That the statements were 'irrelevant' to the material subject of the investigation.
In other words... he could lie through his teeth about something that is not considered 'material' and it is not perjury. So... 'material' matters. Material usually means in these cases relating to the crime being investigated. No crime. No material matters to perjure yourself on...
Remember 12 out of 12 jury members - beyond all reasonable doubt. Misstatment? Material? Tough case.
Posted by CH Truth at May 5, 2006 03:51 PMGosh, cornholio, did you hurt yourself twisting that logic around such a tight corner? Medic! Forgive me for laughing, but slapstick always gets me.
Posted by iamcoyote at May 5, 2006 04:01 PMDefinition of Perjury:
PERJURY - When a person, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the U.S. authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or in any declaration, certificate, verification, or statement under penalty of perjury, willfully subscribes as true any material matter which he does not believe to be true; 18 USC
In order for a person to be found guilty of perjury the government must prove: the person testified under oath before [e.g., the grand jury]; at least one particular statement was false; and the person knew at the time the testimony was false.
The testimony of one witness is not enough to support a finding that the testimony was false. There must be additional evidence, either the testimony of another person or other evidence, which tends to support the testimony of falsity. The other evidence, standing alone, need not convince that the testimony was false, but all the evidence on the subject must do so.
Definition of Material:
MATERIALITY - That which is important; that which is not merely of form but of substance.
When a bill for discovery has been filed, for example, the defendant must answer every material fact which is charged in the bill, and the test in these cases seems to be that when, if the defendant should answer in the affirmative, his answer would be of use to the plaintiff, the answer would be material, and it must be made.
In order to convict a witness of a perjury, it is requisite to prove that the matter he swore to was material to the question then depending.
What was the question depending in this investigation? The release of the identity of Valarie Plame. Was Libby's testimoney relevant to whether or not Fitzgerald would charge someone in that material matter?
has to be proven as such...
http://www.lectlaw.com/
Posted by CH Truth at May 5, 2006 04:35 PMI'm sure you know more about this CH than Patrick Fitzgerald.
Posted by Steve Soto at May 5, 2006 04:53 PMThe law is the law Steve...
The bold is not my opinion... but a quote from a legal dictionary.
Wanna place bets on whether or not Fitz gets a conviction?
Fitzmas?
Posted by Bagley at May 5, 2006 05:53 PMTruth, then Clinton didn't commit perjury either!
Posted by goose1 at May 5, 2006 06:18 PMlibby was also indicted for obstruction, IIRC.
Posted by benjoya at May 6, 2006 06:11 AM