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Monday, February 05, 2007
Libby lawyers fight admission of newspaper articles that may show mindset
WASHINGTON (CNN) -- Defense lawyers in the criminal trial of former White House aide Lewis "Scooter" Libby hope to convince a judge Monday not to admit as evidence two newspaper articles found in a White House office file.

Libby, Vice President Dick Cheney's former chief of staff, is accused of obstructing the FBI investigation into who leaked the identity of Valerie Plame Wilson, whose husband, Joseph Wilson, wrote a July 2003 New York Times piece accusing the Bush administration of manipulating intelligence to justify the invasion of Iraq.

Prosecutors say two Washington Post articles later found in Libby's files will help jurors understand the defendant's state of mind. The defense has objected, saying the articles include information they can not dispute during the trial.

"Your Honor, that would be so prejudicial to the defense, I don't think we would ever be able to recover," defense attorney William Jeffress said Thursday.

In response, Special Counsel Patrick Fitzgerald told the judge, "It's ludicrous to suggest that we take out anything that would show he had a reason to lie and then we just stand there and have an argument made that we failed to meet our burden of proof."

Fitzgerald, his voice rising, said "the jury is entitled to know what was in his head and this was in his head and in his file."

The articles from October 4 and October 12, 2003 mention the damage caused by the disclosure, and refer to Plame's classified status. Neither point has been brought forward through other evidence or testimony that the defense could challenge.

Libby is fighting a five-count indictment charging him with perjury and obstruction of justice related to an investigation into who disclosed Plame's identity. Libby is not accused of leaking that classified information, but Fitzgerald hopes to show that Libby lied under oath in an effort to save his job.

The disputed newspaper articles, Fitzgerald said during Thursday's court session, show a state of mind that "you may be involved in something that is a big mess in terms of law, in terms of politics and in terms of getting yourself fired."
-- CNN's Paul Courson
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