January 23, 2007: Prosecution Complains that Defense Is Misleading Jury

The jury is excused from sitting in the Lewis Libby trial until some issues between the prosecution and defense are resolved. Prosecutor Patrick Fitzgerald claims that defense attorney Theodore Wells misled the jury during his opening statement (see January 23, 2007) by saying that the only way he could lose the case was if the jury let its feelings about the Iraq war cloud its collective judgment. Judge Reggie Walton seems unconcerned about Fitzgerald’s complaint. Fitzgerald also complains that Wells twice told the jury that the defense is restricted in what it can and cannot say about classified matters, but the government prosecutors have similar restrictions that the jury is not aware of. Walton is unhappy about the possibility that the jury may believe the defense is unable to make its case. Wells says, “I didn’t do anything intentionally,” but merely met Fitzgerald’s case on the merits. Walton retorts that “[s]ometimes it’s impossible to un-ring the bell once it’s been rung.” Fitzgerald wants the comments to be struck from the record, but Walton does not issue a ruling. [Marcy Wheeler, 1/23/2007]