***It's taking a little while for the video to go live for some reason. Apologies for the delay, gang. Your evening court video will be up and running as soon as we can make it so. Thank you for your patience. — CHS***
Sure, you were expecting a sassy Jane post, perhaps some scinillating snark, with a wee bit of snide tossed into the mix. Instead, you are stuck with me…because Jane's on the road this evening.
Earlier today, I put together a post detailing some information on jury instructions. But there were a few items that I forgot to mention that our fantastic commenters helpfully added. Wanted to be sure everyone saw these.
From Kenneth Fair:
One further point about jury instructions that you didn’t mention: Well-crafted jury instructions help to set up issues for appeal. One way is by submitting instructions that are correct but the judge rejects, so that you can argue to the appellate court they should have been accepted and read to the jury. Another way is by influencing the wording of the instructions that are actually accepted, so that you can argue to the appellate court the instruction requires evidence of X, but there was insufficient evidence of X presented for a reasonable jury to rule against your client.
Excellent point, and one that I ought to have mentioned — planning your case not just for the trial itself but also to perfect the information on the record for appeal is an essential part of good lawyering. And I ought to have made that clear.
And Evil Parallel Universe points to this very useful text on jury verdict forms, for those who had trouble deciphering the verdict form discussions today in the scintillating jury instructions haggle during today's liveblogging.
But today's comment of the day goes to Boudica, for this gem that may have to go in the FDL Comment Hall of Fame (okay sure, we don't really have one, but we may have to start one…):
One can imagine Judith Miller taking her first sip of coffee while opening the NY Times. Front page, center, above the fold. Judith Miller. Picture it, savor it.
To Boudica — lucky for you, my coffee cup was empty at the time that I read this, or you would have owed me a new laptop. That was laugh out loud funny this morning. Kudos!
And for more snark, please, for the love of all that is holy, go read TBogg. (Yes, I am shamelessly trying to get back in your good graces after talking jury instructions minutiae again.)
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Fitz!
Hey Eli! Fitz!
Christy!!
Hiya, cc!
Christy!
And for the folks new to FDL, you should do a google of firedoglake and Judy Miller…and then savor the snark that is Jane. Just for kicks. *g*
Christy Hardin Smith @ 5
Are you suggesting that there’s a history there?
I’m suggesting that there is some very amusing reading in the early days of our coverage of this case. Try “firedoglake” and “Temple of Dust Bunnies” just for starters.
Or “firedoglake” and “Come In From The Cold.”
Sarcasm, Christy. Sarcasm.
(You’ve forgotten me already…)
Where does J. Miller get her paycheck from these days?
Oklahoma kiddo @ 10
Frtom the aspens…
Eli at 9 — Now, how in the word could I forget you? (But I did use you as a straight line for my Dust Bunnies prompt for any newbies who might have missed it the first time around. It’s a Jane classic. *g*)
Oklahoma kiddo @ 9
I dunno, but I bet if you follow the money, you’ll find a Republican on the other end…
Oklahoma kiddo @ 10
1st Amendment Martyr’s Circuit.
Christy… used me?!?
Eli at 15 — Oh come on. Admit it. You enjoyed it just a little… ;-)
Eli @ 15
Really?!
AZ Matt at 11 — Good one.
Christy Hardin Smith @ 15
Well, possibly…
The only thing that could be worse is if Jane were to use me too. I don’t think I could bear it.
Christy Hardin Smith @ 18
*g*!
Eli @ 19
And I thought this a was a family blog….
My favorite snark post of all time is still the one that includes the line, “Fly, little wingnut, fly!“
petedownunder @ 20
“… ‘The Aristocrats’!”
Eli @ 23
Now you’ve done it
;>)
darkblack at 24 — Oh my. Not the Santorum. What are you trying to do, ruin my retinas?
Christy,
Peanut’s blogging earlier today was very cute! But I think it was over Judy Miller’s head so ask Peanut to simplify the words next time. She needs to write to the level of her readers.
Have we arrived at a time when we can speculate on a verdict?
AZ Matt at 26 — She loves to play on the computer. Typing is fun. She’s so funny, she can turn on my laptop and open the paint program or the Disney games website all by herself — and she’s not even four yet. Kids amaze me.
Christy Hardin Smith @ 25
…Merely trying to restore a sense of ‘family values’, milady
Perhaps I should have used the power of the tinfoil speedo, instead.
;>)
Oklahoma kiddo @ 27
What’s to speculate? GUILTY
Oklahoma kiddo @ 26
I’m betting on Not Guilty. Not because I think it’s deserved, or because the defense made a good case; just that this is the kind of situation where the insanely-well-connected bad guy always wriggles free.
Granted, I am supremely pessimistic, but that means I am rarely disappointed, and sometimes pleasantly surprised.
(It is a testament to BushCo’s mad clusterfucking skillz that they can still disappoint me, even with the pessimism…)
But I thought Judy testified under oath that SHE NEVER READ THE NY TIMES!?!?!?!?!??
Christy Hardin Smith @ 28
Wait till she deletes something!
Oklahoma kiddo @ 27
We (the lawyers involved in a jury trial)always regarded it as bad luck to speculate on a verdict, but would take bets on how long the jury would be out. In Civil cases a short time usually was good for the defendant – no need to talk about damages. I have no clue what is considered a good omen in a criminal case.
Obviously you have to adjust for complexity and number issues to be decided.
darkblack at 29 — Uh. Mah. Gawd.
That should come with a flashing neon spew warning.
Christy Hardin Smith @ 35
Yes he should! Maybe a rating system is needed?
Christy, so glad you enjoyed the Judith Miller comment. Granting me the high honor of remarking upon my comment makes me feel the way you guys must feel knowing that you are recognized for all of your grit, knowledge and presentation skills. Glad you didn’t spew your coffe, but hope Miller did!
Kids. Love them while you can. All too soon they grow up. What I wouldn’t give to push my little daughter on the swings again. Or pick her up from kindergarten. Or take her to the park. Or answer those endless questions of her’s. And now, my little Princess is a grown woman. But I suppose I am being a bit sentimental here; she’ll always be my little girl.
“Sure, you were expecting a sassy Jane post, perhaps some scinillating snark, with a wee bit of snide tossed into the mix. Instead, you are stuck with me….”
Redd:
We love you and your posts. The idea of getting “stuck” with you never entered our minds.
sonate @ 38
Not in a bad way, anyway.
AZ Matt @ 36
Don’t force me to use a vastly more vile weapon at my disposal…The Lieberman mankini
;>)
darkblack @ 29
Red anodized, to boot. Those must have been a big hit at Plato’s Retreat….
If everyone could please refresh your browsers, you will now have video at the top of the page. Thank you miracle worker behind the scenes man who has my undying gratitude and adoration.
Eli at 40 — You know, I’ve missed your naughtiness. So glad to see you again. *g*
mod note
Refresh everybody … the stars of PTV are live now at the top of the page!
Once again, thank you Christy and FDL family for such a wonderful journey toward truth.
Sonate at 39 — Aw, thanks. :)
montag @ 42
The ease of cleanup was a big selling point
;)
Christy Hardin Smith @ 43
Aw, shucks. Good to see you too, Redd. I’ve been watching from afar (i.e., frontpage only), but I think I’m slowly returning to normalcy.
Great recap by Chris Matthews today up at C&L
http://www.crooksandliars.com/…..ite-house/
darkblack @ 41
Now that is going below the belt!!!
AZ Matt @ 51
You fool. Mankinis don’t have belts.
Is Jane okay, BTW? She sounds kinda hoarse… Has she just been talking a lot?
Eli @ 52
What do they have then?
When I refreshed I could see the video “icon” but nothing happened when I hit the “play” button. Am I the only one with this problem? (I will try it again in a bit.)
AZ Matt @ 54
Not enough.
sonate @ 55
if you heit the play button in hte center then go to the bottom of the image and hit the play button on the bottom leftside.
Hi all. First post after years of lurking. I have a question about closing arguments that either I missed or hasn’t been asked:
In his closing arguments, can Fitz refer to Libby’s team’s opening statement? Specifically, can he mention that the defense stated/suggested that the jury would hear from Libby and Cheney? I know that he can’t say that Libby not testifying should be construed as a sign of guilt, but can he essentially say, “Well, what happened?!?”
I guess I doubt it, and I’m not sure it’d be a good idea. Just curious.
Thank you team FDL for this amazing coverage!
To resist the sweet allure of temptation, or unleash the Doomsday buttfloss…Oh what a dilemma
;>)
Will it be perhaps long into the future before we know justice, in the Libby trial has taken place?
Pach at 7:10, thanks for the great memories of the WaPo’s Jim Church Lady Brady hiring and firing the
plagiarizing white supremacistXerox Ben Domenech. About a week after, Jane linked to this great letter from Atrios, applying for the conservative blogger job, who was supposed to “balance out Froomkin.”OT, stolen from Jane, “Eli is a rockstar!”
darkblack @ 59
That would be Kate O’Beirne in a string bikini. Please, please, please, don’t.
montag @ 61
I’d give it 20 paces before it wore down enough to snap…
montag @ 61
With tassels?
:)
I keep waiting for my party, the Democrats to kick some b—. Perhaps tomorrow.
darkblack @ 63
Only if they were shaped like sanding blocks….
montag @ 65
…I could do her as Mr(s). Lifto, then
I have an ear to ear grin on having watched the video. The ladies of the lake and hurrah are truly inspiring. I am so proud of what you all have accomplished. As I watched Marcy and Jane describe the attitudes of the people and feelings in the courtroom it made me realize how ridiculous it is that there isn’t any real in-depth reporting going on in the MSM about this historic trial. I know I shouldn’t be surprised, but please, even Shuster is only given 2-5 minute segments to put a story together. It just makes me feel that much more lucky to have this resource to get some information. Thank you so much for dedicating your time and energy in providing all of us this truly remarkable coverage.
TRex — you out there lurking? Or is this the night off for therapodian snark?
Have a little present for you, glow-in-the-dark goodness. And no, it’s not a pen.
darkblack @ 66
And then cast her as Tim the Tool Guy’s estranged mother….
Christy, Marcy (and anyone else): have a look at Citizenspook ’s site. Read two posts, “Libby was just an appetizer. Chef Fitzgerald won’t serve the main course until Feb.2009″ and “It’s the espionage stupid” Citizenspook thinks that we have been missing the boat and the real issue is that the Bush admin has violated the Espionage Act, a much more serious crime that could land them in much more seious trouble. He suggests that Fitz will be continuing in that direction.
Katie Jacob @ 70
I have the feeling that Mr. Fitzgerald will be out of government long before 2009….
TRex — you out there lurking? Or is this the night off for therapodian snark?
That would be Saturday Night, when we are treated to snark from the Inca Empire.
montag @ 70
In a clinch with Luffa O’Reilly
You guys are GREAT!
Thank you so much, Jane, for all you have done. I have been with FDL since this story first broke and you and ReddHedd have done an unbelievable job of making this story understandable to the average Joe like me.
Marcy, emptywheel had the lead on this from the start, and TNH was the Mothership. Kudos to you for keeping us all informed. Your book will be mandatory reading one day.
I look forward to Tuesday, and one day we WILL get Rove!
Best Firedoglake archive page, featuring Kate O’Bierne…
http://firedoglake.blogspot.co…..5729376469
Wow, suggesting that Fitz will be out of a gov’t job by 02/09 gets put in moderation.
That’s a new low for me….
Is anyone else getting a “this video is no longer available” message when they try to view the video?
Tuesday will indeed be a memorable day. I’ve cleared my schedule to attend.
I just hope Marcy is signing lots of books tonight at Drinking Liberally get together. And having a few brews too!
wow. I just watched it. Not ten minutes ago.
Pachacutec @ 79
Give Wells the old Evil Eye for the rest of us!
‘Katie O’Beirne as a cross between Mr. Lifto and Tim the Tool Guy’s estranged mother, wearing tassels shaped like sanding blocks…In a clinch with Luffa O’Reilly!?!’
Think of the children…Why they’d have more heads than teeth.
;>)
Video isn’t working here either :(
“This video is no longer available”
More YouTube/Politics TV friction?
WTF is up with that, anyway? Anyone have a clue?
darkblack @ 83
And more teeth than brains… cue the “Deliverance” theme….
Dueling hydra-headed banshees….
OK, now it kicked in.
Shell @ 78
Yep, I just got that message also.
I’m on dial up so I have to go to the you tube site or I can’t get the audio to play and when I went there it said “…no longer available.
I just got done watching it, no problem here. Maybe only one FirePup at a time? Or maybe there were too many beating on the door?
edit: Oh yeah, and I’m one of the few who don’t think that Scooter gets a pardon. I think there are so many scandals out there that they are worried the Libby and others could expose, that Scooter is in this for the long haul and will simply serve his time. There’s no way these freaks want Libby denied the ability to plead the Fifth in the future; if Libby is found guilty and serves some time, any time Libby is called to testify in the future he’ll be seen as less than credible if he can plead the Fifth. He’s a fall-guy-for-life.
Just hope the balance of the defense fund is enough to get those kids of his through college…
now it works again. shrug
The video link is working. You may need to wait a minute and refresh for it to run through some clogged toobz.
The direct link is: http://www.youtube.com/watch?v=yZUgcrqVYuQ
Rayne @ 90
It’s all the folks who read the NYT’s this morning.
Thanks for the direct link RBG
Wow it’s 9 minutes long. That would take about 2 hours for me to download. Oh well. I’ll just be happy with the posts and comments. :)
jmba @ 68
I totally agree – I had the very same reaction. So many people are proud of what Jane, Marcy, Christy, Pach, Swopa & Jeralyn have done – myself included.
Christy, I loved the liveblog today. I was held hostage this afternoon and didn’t get a chance to read (devour) until tonight. I was grouchy with everyone and the only thing I wanted to talk about was Marcy’s book. What’s wrong with me *g*. Tapping my toes, gotta check in the snail mail. So nice to be back at the lake. EW and Jane excellent video. EW, I hope you are going to be back on the keys next week. I felt like I was in the courtroom, you did a fantastic job.
Fresh TRex upstairs
Gang — the Times article (or was it USAToday) noted that Jane now has to do a course of Chemotherapy, and you know, that is hard. Very hard. Cancer is not like the flu where you get out of your bed after a few days and jump up and down and are fine. It takes some years to know if the treatment worked. It takes time to learn to never plan or live with anticipation of years ahead, but then after a few years if things go well — you can carefully think four or five years ahead. It is very very hard to comprehend these switches from the way folk normally think. And normal thinking about altered time is not particularly useful.
My hope for Jane is that she gets her nest settled, her dogs are established and ready for loving face licks, and cookies, and that the chemo goes well without undue problems. Hair falls out, so you adopt wigs or scarves, and hopefully no one makes nasty comments. Chemo is about messing up your immune system, so hope is no one will pass her a virus or a germ that she can’t deal with because that could be bad news. She needs a great degree of freedom from expectations — give it to her.
I checked out the Newseum to SEE an image of the New York Times for today:
Here’s the link.
I don’t know if it expires (because it’s Today’s link and tomorrow, it’ll be different). I’ll keep looking for a more suitable permalink
er, nope, they don’t keep past archives. get it while it’s hot. Nice jpeg! (gee, that sounds like a bad pickup line)
the vid is not working (”unavailable”) no matter how many refreshes… bummer. :-(
dws3665 @
101
It’s running for me as I type this. Here’s the direct link again:
http://www.youtube.com/watch?v=yZUgcrqVYuQ
thanks fdl team, you guys rock.
christy, i love your posts. if you get a chance could you answer surfsup @
58
Thank you Jane and Marcy. Your video format of the discussions of this trial on the ‘net represent a major watershed in journalism. Your involvement in reporting this trial has become a significant facet to how we now get balance in our information. Whatever the outcome of your coverage, this trial may well represent a historical divide in how media works.
Wonderful series of videos. You are to be congratulated.
Christy,
Just to be sure that your self-deprecation isn’t anything beyond the charmingly coy: One of the greatest strengths of FDL is that the site prrovides lawyerly AND informed insight into the case. For those of us who aren’t lawyers, you’ve made the obscure pellucid.
(Jane, Marcy, Trex, Peterr, Pach, and anyone else [esp DIGBY]: luv u 2.)
it works!!! hooray! between the liveblogging and the video summaries, it seems like i’ve “lived” at FDL the past week or so. Thanks, Jane, Marcy, Jeralyn, and Swopa.
With all due respect to Jane and FDL – which I’ve been reading daily for months now – I don’t think these video reports have been working too well. Maybe it is just better to read your comments as print online, but the amateurs with the microphones aspect of the videos just grates. I never make it past 30 seconds. Trying to be all things to all media may not be a happening thing.
The scene I want most to see now:
ENTER CHEYNEY WEARING GAS MASK. LIBBY IS CLINGING TO HIS CHAIR.
CHEYNEY
(throaty voice)
Scooter. I. Am. Your. Father.
LIBBY SCREAMS AND IS DRAGGED AWAY BY THE BAILIFFS.
Superduper @ 107
Sorry Superduper. In the spirit of a British radio game show about ‘words’ I’ll have to deduct you 10 points for ‘inaccuracy.’
However you have given me a great idea for a name for a rock group: Amateurs with Microphones
Mabel’s Wig Shack @ 109
That’s funny, I find myself rapt. The bubbleheaded bleach blonds on the MSM TV lose me in seconds.
Long time lurker – have to respond to Superduper at 107. If you don’t want to watch the videos, it’s very easy to just not click on them. That would be your loss, however.
What you say makes no sense; the videos are very professional and rival or surpass the quality of most news commentary shows. Don’t like ‘em? Don’t watch and don’t come around here complaining.
These FDL folks have worked too hard and put in too much blood, sweat and tears – and money – to have to put up with complaints. They owe you nothing. It’s easy enough to click off to some other place. Don’t let the door hit you on the way out.
Marcy, Jane, Christy, Swopa, et. al. — YOU ROCK!! Unbelivably terrific coverage. Thank you for all of this.
I’m with Pat@111, ignore SuperDuper – if you don’t like ‘em don’t watch ‘em. I’m sure I’m not the only one that loves to watch Jane, Marcy, Jeralyn, Arianna and Swopa discuss the trial AND read about it. I mean they aren’t Brian Williams or Timmeh litte Russ, THANK GOD!
Pardon=admission of guilt.
Effect on Plame v. Libby case?
What is the status of that case?
i don’t get it, i think the videos are great and i can hear everything fine. maybe something is wrong w/your computer superdupercomplainer.
Marcy and Jane were talking about the Libby Defense Fund. Mel Sembler, head of the Defense Fund, lives in St Petersburg, FL and has frequented a small restaurant for breakfast for many years. One of my friends is a long time server in that restaurant. Since before this Iraq fiasco she had told me that he was always pleasant to be around, tipped well and was generally an alright guy. Sembler is now in residence pretty much full time and has been a regular at the restaurant since the election. Since the beginning of the year, however, his demeanor has changed drastically. Now he’s curt, argumentative, and not much fun to be around. Sembler Company owns numerous shopping centers, his specialty, and one is in downtown St Pete, named BayWalk. There is a long history of anti-war protests at BayWalk and he’s never been happy with us but this is something different. I wonder if he, and other bigwigs in the party, are beginning to see the writing on the wall. I agree with Jane and Marcy that some of the defense fund money went to a focus group and that the general plan was to protect Dickless and the other neocons. It definitely makes sense. These people don’t do anything without a focus group. Hopefully that too will come back to bite them. Less than two years to go and I’m already pumped!
On a Hillary note, Terry McAuliffe was on WMNF, our community radio station, yesterday and I asked him if he supported NAFTA, CAFTA and free trade agreements in general. He gave a wishy washy, dance around answer but he said the US needed to invest more in education and re-training to get American workers back to work. Now if workers are losing their jobs here to workers overseas making a quarter an hour, does that mean that the free traders (slavers in my view) are going to try to convince Americans that slave wages are acceptable in this country as well? It sure sounded as if he was saying that we must work for pennies in order to entice corporations to shift their workforce from overseas to the US.
What’s it to be: profit over people or people over profit?
Join St Pete For Peace at BayWalk this Sat night between 8 and 9:30. You’ll be glad you did.
montag@71
I read that Fitz could be removed from his position as US Atty. but that they cannot remove him from his position as special prosecutor until he is done prosecuting the case.
Got marcy’s book, can’t wait to dive in. Great followup to Clark and Wilson.