Case 1 :05-cr-00394-RBW Document 265 Filed 02/06/2007 Page 1 of 3

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA )

)

)

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

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I. LEWIS LIBBY, )

also known as “Scooter Libby.” )

)

DEFENDANT’S PROPOSED INSTRUCTION CONCERNING THE INTELLIGENCE IDENTITIES PROTECTION ACT

Prosecution witness David Addington testified that he provided Mr. Libby with a copy of

the Intelligence Identities Protection Act, 50 U.S.C. § 421. ~ T. 1/30/07 at 8-9. The IIPA is alluded to again in Mr. Libby’s grand jury testimony. ~ March 5, 2004 Grand Jury T. at 3. It may well be mentioned again in the course of the trial. To ensure that the references to the statute do not confuse the jury and prejudice Mr. Libby, we ask the Court to give the following instruction:

You have heard references to the Intelligence Identities Protection Act, or IIPA, which appears at Title 50 of the United States Code, Section 421. The IIPA makes it unlawful to disclose information identifying a covert agent to a person not authorized to receive classified information, when (1) the person making the disclosure knows that the United States is taking affirmative measures to conceal the covert agent’s relationship to the United States, and (2) the person acts knowingly and intentionally. You should keep in mind that Mr. Libby is not charged with violating the IIPA. Evidence concerning the statute has been admitted solely for any bearing it may have on Mr. Libby’s state of mind. You may not consider that evidence for any other purpose.

Case 1 :05-cr-00394-RBW Document 265 Filed 02/06/2007 Page 2 of 3

Date: February 6, 2007

Respectfully submitted,

Is/ Theodore V. Wells, Jr.

Theodore V. Wells, Jr.

DC Bar No. 468934

Paul, Weiss, Rifkind, Wharton

& Garrison LLP

1285 Avenue of the Americas

New York, NY 10019-6064

(212) 373-3089

/s/ William H. Jeffress, Jr.

William H. Jeffress, Jr.

DCBarNo. 041152

Alex Bourelly

DC Bar No. 441422

Baker Botts LLP

1299 Pennsylvania Ave., NW

Washington, DC 20004

(202) 639-7751

/s/ John D. Cline

John D. Cline

DC Bar No. 403824

K.C. Maxwell

(pro hac vice)

Jones Day

555 California Street, 26th Floor

San Francisco, CA 94101

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Case 1 :05-cr-00394-RBW Document 265 Filed 02/06/2007 Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this 5th day of February 2007, a copy of the Defendant’s Proposed Instruction Concerning the Intelligence Identities Protection Act was served by hand upon:

Patrick Fitzgerald, Esquire

Kathleen Kedian, Esquire

Peter Robert Zeidenberg, Esquire

U.S. Department of Justice

1400 New York Avenue, N.W.

Room 12-405

Washington, DC 20005

John 91 Cline

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