Case 1 :05-cr-00394-RBW Document 286 Filed 02/14/2007 Page 1 of 2

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.” )

)

PROPOSED AGREED INSTRUCTION CONCERNING THE STAMP ON THE

APPROXIMATELY JUNE 12 NOTE

The parties have agreed that the “Treated as Top Secret/SCI” or “Treated as Secret/SCI” stamp should be removed from all versions of Mr. Libby’s approximately June 12, 2003 note that are in evidence and that David Addington’ s testimony about the stamp at pages 12-14 of the January 30 (p.m.) transcript should be disregarded. In addition, the parties agree that neither party will make any argument relating to the stamp or its absence from the note. And the parties agree that the Court should give the following instruction concerning the stamp:

You may recall seeing a stamp that began with the words “treated as” on Mr. Libby’s June 2003 note of his conversation with the Vice President. That stamp has been removed from the exhibits in evidence, and I instruct you that you should disregard the evidence concerning that stamp, including the testimony from Mr. Addington about it during the January 30, 2007 afternoon session. The stamp and Mr. Addington’s testimony about it on January 30 may not be considered for any purpose.

Case 1 :05-cr-00394-RBW Document 286 Filed 02/14/2007 Page 2 of 2

Date: February 14, 2007

Respectfully submitted,

Theodore V. Wells, Jr.

DC Bar No. 468934

Paul, Weiss, Rifkind, Wharton & Garrison LLP

1285 Avenue of the Americas

New York, NY 100 19-6064

(212) 373-3089

William H. Jeffress, Jr.

DC Bar No. 041152

Alex J. Bourelly

DC Bar No. 441422

Baker Botts LLP

1299 Pennsylvania Ave., NW

Washington, DC 20004

(202) 639-7751

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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