Speaking into Reality

Clarice Feldman, frequent commenter at Just One Minute and co-blogger at American Thinker and legal expert in her own right, shares her thoughts about the jury selection process in the Libby trial this week. The prime observation is one that seems obvious to defenders of the Administration and their behavior. Seeing it stated as such though is troubling:

On January 16, Libby filed a motion asking that he be permitted to probe the extent of exposure jurors had to such coverage.

As previously noted by the defense, the pretrial publicity in this case has been significant and in many cases has included inaccurate and inflammatory statements and assertions that are unduly prejudicial to Mr. Libby. Therefore, in connection with the voir dire, the defense will need to ask certain venire members about their exposure to such publicity and probe whether that exposure has affected their ability to impartially judge the facts in this case. Such individualized voir dire is necessary to give the Court an adequate basis for determining whether the venire member will be able to render a verdict based on the evidence adduced at trial, and not incomplete facts and speculation circulating before trial. See United States v. Liddy, 509 F.2d 428, 434-35 (D.C. Cir. 1974). Attached to this pleading are a sample of instances of publicity.... [emphasis added]

The exhibits contained biased and inaccurate and inflammatory press coverage of the case, beginning with the Special Prosecutor's unfortunate and misleading press conference transcript (I have discussed this presser before and it is part of the complaint I filed with the Department of Justice's Office of Professional Integrity).

Sunny Day, a JustOneMinute Poster, has put the exhibits in html format for easier reading here, here, here, and here.

I have no record of an order being entered to permit what Libby requested, but based on my observations from the media room at the courthouse, the defense was allowed to ask jurors what they knew about the case and how they learned it, with particular attention to the coverage attached as exhibits to the pleading Libby filed.

As the defendant was a member of the Administration, and other officials including Vice President Cheney are expected to testify, counsel probed whether the potential jurors' views of the Administration would impair their ability to fairly judge the case.

That this pretrial publicity has had a pervasive, poisonous effect on public opinion of the defendant was obvious in the jury selection process yesterday. A majority of the potential jurors I saw had not only heard of the case but had adopted the false narrative of it: that Libby was being tried for disclosing the name of a an undercover CIA agent as vengeance for her husband's exposing Administration lies about Iraq's efforts to obtain uranium in Africa. That is to say, they had been reached by the press narrative that the administration lied, Wilson told the truth and Libby, uncaring of national security, "outed" her to pay back her husband for speaking truth to power.

Takes you back doesn't it? Back to the heady days when everyone was certain that the Bushies were punishing Joe by ruining Valerie's career for political reasons. Yes, those were the days!

Too bad it never happened that way except in the WaPo and NY Times.

UPDATE: And don't forget The Nation's David Corn.