Libby Case: “Recollection Problems”

For indispensable reporting on the coronavirus crisis and more, subscribe to Mother Jones' newsletters.


So, it’s official. Scooter Libby’s defense will be based, as his lawyer Ted Wells put it, on “recollection problems” – not just Libby’s, though, but those of the journalists and officials who are expected to testify at his trial as well.

“Could Russert Be Mistaken?” read a slide shown to the jury this afternoon, as Wells resumed his opening statement after a lunch recess. Not that Wells plans on proving this one way or the other – he is simply trying to cast doubt on the prosecution’s case. At one point, he said that the defense will provide “evidence suggesting that Tim Russert, not Scooter Libby, got it wrong.” At another, seemingly contradicting any evidence he might provide, Wells suggested that Libby, in testifying before the grand jury, may have mistaken his conversation with the NBC journalist for a chat, on a similar topic, with Robert Novak. And besides, Wells said, “Russert has no notes” to support his version of events (namely that he didn’t tell Libby about Plame, as Libby has asserted).

As for Matt Cooper, the former Time reporter, Wells claims that “Cooper’s notes do not support his recollection” of his conversation with Libby, in which Plame was raised (reportedly by Cooper). Judith Miller, the former New York Times reporter who spent 85 days in jail protecting her source — Libby — suffers from a “fuzzy memory” as well, according to Wells. Also fuzzy on the details, he says, are anticipated prosecution witnesses including Libby’s one-time CIA briefer Craig Schmall; former CIA official Robert Grenier; and former White House flack Ari Fleischer, among others. “They’ve got recollection problems,” Wells said.

Wells then reminded the jury that Libby, too, is “known for having a bad memory.”

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

Thank you!

We didn't know what to expect when we told you we needed to raise $400,000 before our fiscal year closed on June 30, and we're thrilled to report that our incredible community of readers contributed some $415,000 to help us keep charging as hard as we can during this crazy year.

You just sent an incredible message: that quality journalism doesn't have to answer to advertisers, billionaires, or hedge funds; that newsrooms can eke out an existence thanks primarily to the generosity of its readers. That's so powerful. Especially during what's been called a "media extinction event" when those looking to make a profit from the news pull back, the Mother Jones community steps in.

The months and years ahead won't be easy. Far from it. But there's no one we'd rather face the big challenges with than you, our committed and passionate readers, and our team of fearless reporters who show up every day.

We Recommend

Latest

Sign up for our newsletters

Subscribe and we'll send Mother Jones straight to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate

We have a new comment system! We are now using Coral, from Vox Media, for comments on all new articles. We'd love your feedback.