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F Focus on June 23
M My focus on those issues, watching soldiers being frustrated. How had this gotten so screwed up. The big picture. Mr Libby being in Washignton seemed much more focused on growing controversy over SOTU. And who said what to whom, inside baseball. And so from my standpoint it wasn't very productive.
F Your focus and his focus on July 8
M A broader story on how hunt had been so badly carried out and what had happened to underlying intell, Mr Libby seemed to want to focus on yellowcake. My focus was Bioweapons. This he said she said struck me was Washington politics not particularly relevant to issues I cared about.
F I need to approach before last question.
Judy and Jury gone
Fitz I don't know if you have a copy of this
Walton, I do, I just need to look at it real quick
Fitz This issue has come up from time to time: Aspens letter, it has been my view that is relevant I do think that cross sought to portray waivers at all time. What's of particular note here is the paragraph relating to waivers. Why, bc as "I am sure will not be news to you"
[Fitz is trying to enter Aspen letter into testimony, but not the weird Aspens paragraph.]
Fitz Mr Libby's testimony was that he had not told Judy that, but in this letter he said the others had not said he knew it, and how he expected her testimony to help them. We had testimony elicited by Jeffress on Armitage and Grossman talking.
Walton How would it be relevant to her testimony.
F She would authenticate it
Walton Are you just going to seek to have her authenticate it. I'm having some issue as to how the content of the letter would be relevant to her testimony. Ultimately it might be relevant if Libby testifies. I don't understand how the content will be relevant to what she has said.
F If the defense will stipulate to the authenticity.
Walton any challenge to authenticity
F Mr Jeffress asked Miller if Libby called I think this completes the picture. And followed up with a letter. So I think that makes this letter relevant
Walton I guess I'm missing how it makes it relevant. If you're suggesting there was collusion and that this letter was designed to affect what she would say and that it DID affect what she said. She did not testify in such a way that
F We don't think the letter worked.
F they jury's been told that he willingly let her testify.
Walton It's another issue we'll have to address. I don't agree that it's relevant since the letter didn't cause her to alter her testimony. The question of its admissibility does it suggest consciousness of guilt if it says he was saying she should testify in that way.
F It's not critical that it should come through this witness.
Walton we can address that at some point. I don't think it's relevant to her testimony.
J Let me just make a record–did you read his letter as an instruction to make her testimony consistent with the way others said.
Walton, I don't think that dictates the admissibility of the letter. I think it suggests he was trying to get her to say something inconsistent with what he believes she was going to say, if he was suggesting she should say something different, conceivably it might have relevance to his consciousness of guilt.
Jeffress trying to get the rest of the notes from Fitz, saying there are other references
Walton Mr Bennett—is there anything in there.
Bennett—no your honor, we gave you everything, and you judged they got what was relevant
Walton asks F about them
F I'm in the same position Jeffress is. Court has seen them, and there are no other references to the wife
Walton I need to reassure myself that there was nothing relevant. I need to look at them again. She'll have to remain available. We have the notes. She'll have to remain available.
Jeffress, I'd offer into evidence the video I played.
F Only available as impeachment.
Walton, If we were talking about prior inconsistent statement, the statement would come in for impeachment. An actual video tape, under those circumstance, it too can come in.
F I don't believe that it's inconsistent.
W It would have to be inconsistent
F I don't believe they were inconsistent, just entering them doesn't make them inconsistent.
W I did perceive it as at least being inconsistent.
J We can brief it later. I think I laid the foundation for inconsistency.
W My recollection was that there was a level of inconsistency.
11:59 back from break
They're in sidebar discussing the juror questions.
We're still in sidebar, at 12:04
Juror questions, offered by Walton
Walton Why didn't you or attorney contact Libby earlier.
M BC I was afraid of fishing expedition. It was only after I had both things.
Walton If you had had his personal waiver immediately, would you have testified
M I still needed agreement that it would be this one source on this subject. As soon as I got both, I went to testify.
Walton. Why did you make decision to go to jail.
M BC all of my reporting depended on my ability to protect sources. Until I had something written from Libby, not something his boss asked him to sign, I felt that as a professional matter, it was all I could do. I wasn't trying to be a martyr. You can't operate that way in DC, it was too important in national security reporting.
Walton Have you ever had memory losses like the memory loss you said you had with LIbby.
M When I was preparing my last book, there was an incident. I went back and found out the story was very different. I'd actually misremembered it. From taht time, I've been careful about notes, trying to be careful.
Walton Did you make agreement with Libby regarding sharing of info that might be a quid pro quo.
M No, only the way in which he was to be identified. There was no quid pro quo.
Walton. The notes that you found after you were asked to look for notes. Where did yo locate those.
M Right under my desk at NYT in shopping bag.
Walton IS that where you kept your notes.
M That's where I kept notes for a relevant period of time before I went to jail.
Walton is taht your standard method of archiving.
M I meant to archive them. I assumed I'd have time to take the notebooks home for safekeeping. That's why they were there. But the marshalls took me away right away.
Walton how many other notebooks.
M About 15 or 20.