There are a number of standard questions being asked of the prospective jurors about their ability to be fair and follow the law.
There are several questions that are particularly suggestive of where Libby's lawyers may be going with their defense.
Some of the more interesting exchanges have revolved around question number 17:
(17.) At this time, I want to ask you some questions about your beliefs or opinions about human memory:
(A.) Is there anyone who believes that everyone’s memory is like a tape recorder and therefore all individuals are able to remember exactly what they said and were told in the past?
(B.) Is there anyone who feels that a person could not honestly say something about a matter he or she truly believed to be the true when that person several months earlier actually said something totally different about that same matter?
(C.) Is there anyone who believes that it is impossible for a person to mistakenly believe that he or she was told something by one person when in fact the person was actually told the information by someone totally different several months earlier?
(D.) Is there anyone who believes that it is absolutely impossible for a person to believe very strongly that he or she has certain memories about something, even though it is determined that those memories are inaccurate?
There were two other questions - well really the WAY the questions were asked - that got me wondering whether we might be in for a bit of a surprsie.
(12.) Every defendant in a criminal case has the absolute right not to testify, and if a defendant decides not to testify, you cannot in any way hold that against him or consider his decision not to testify in deciding whether the government has proven that he is guilty. Is there anyone who could not accept and follow this principle of law?
(13.) A defendant is not required to call any witnesses. Would the decision by a defendant not to call witnesses cause you to conclude that he is guilty?
What are the odds that after all this hoopla and build up, Libby's lawyers don't put up a defense at all?
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