Sunday, January 21, 2007
The second week of the I. Lewis "Scooter" Libby trial starts today, and the jury has yet to be selected. But it is anticipated that this will happen by the end of the day. For details on the jury selection process check out the Washington Post here and Firedoglake here. It seems obvious from reading the media and blogs that this case will not be streamlined to cover just obstruction and perjury allegations. It appears likely that the defense will be opening the door to cover matters that will relate to Iraq, or matters that may explain the surrounding circumstances at the time of the alleged criminal conduct. As prosecutors can infer intent from the circumstances, the defense also has the right to have evidence that might shed a different light on the intent of the accused. But what that defense will be and how it will develop remains to be seen. Oftentimes the theme of the defense case can be seen when listening to the opening statement. Jerri Merritt at TalkLeft has some pointers here. It is always important to keep in the back of one's mind that the defense is not required to testify and is not required to prove anything. The burden rests with the government.