[colorado tanker]

The judge refused to allow expert testimony from a renowned researcher into memory and took an offer of proof as to the foundation. He decided it was a matter of common knowledge and disallowed it.

He also disallowed some video footage of Tim Russert saying witnesses could not have their lawyer with them in the grand jury room, in contrast to his testimony that he didn't know that.

The judge had a very narrow view of relevance. If an appellate court takes a broader view there could be a reversal.

[lugsoul]

The studies relied upon in the opinion related to eyewitness identification. There is no way under the Daubert standard that such evidence should be presented as scientific evidence of what Libby would and would not remember.

[hinckley buzzard]

The judge had a very narrow view of relevance. If an appellate court takes a broader view there could be a reversal.

Very big "IF". All I know about this stuff is what I see, and what I see is time after time, judges and lawyers covering for each other. My bet is that appeal will be futile, and Bush will ignore the pardon route, and Libby will be screwed.

jmo.

Oh yeah-- and Nifong still walks.