Case 1 :05-cr-00394-RBW Document 246-1

Filed 01/16/2007 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA )

)

v. ) CR. NO. 05-394 (RBW)

)

I. LEWIS LIBBY, )

also known as “Scooter Libby,” )

Defendant. )

RECORD OF PRE-TRIAL PUBLICITY

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 about which the defense may want to question jurors.

Dated: January 16, 2007 Respectfully submitted,

__i~L___ __ ___

Theodore V. Wells, Jr. William H. Jeffress, Jr.

(D.C. Bar No. 468934) (D.C. Bar No. 041152)

James L. Brochin Alex J. Bourelly

(D.C. Bar No. 455456) (D.C. Bar No. 441422)

Paul, Weiss, Rificind, Wharton Baker Botts LLP

Case 1:05-cr-00394-RBW Document 246-1 Filed 01/16/2007 Page 2 of 2

& Garrison LLP 1299 Pennsylvania Ave., NW

1285 Avenue of the Americas Washington, DC 20004

New York, NY 10019-6064 (202) 639-7751

(212) 373-3089

/5/

JohnD. Cline

(D.C. Bar No. 403824)

K.C. Maxwell

(pro hac vice)

Jones Day

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