Libby lawyers
Art Lien  /  NBC News
Lawyers for the government, left foreground, and the defense, right background, discuss, on Mar. 5, 2006, how to respond to questions from the jurors in the I. Lewis "Scooter" Libby trial.
updated 3/5/2007 5:24:02 PM ET 2007-03-05T22:24:02

Jurors asked at least three more questions Monday before completing the ninth day of deliberations in the trial of former White House aide I. Lewis "Scooter" Libby.

The notes were not made public, but late afternoon court arguments revealed that at least one question centered on what evidence jurors could use to consider whether Libby lied to the FBI.

Libby is accused of lying to the bureau and a grand jury about how he learned the identity of CIA operative Valerie Plame and whom he discussed it with in 2003. Libby says any inaccuracies in his statements were the result of his faulty memory.

Jurors asked whether they could use Libby's grand jury testimony, which was played in court, as evidence that Libby lied during an earlier FBI interview. Special Prosecutor Patrick Fitzgerald said the answer should be "yes," but Libby's lawyers say one thing is not evidence of the other.

Walton sent jurors home and said he would answer the questions Tuesday.

The questions, on the heels of a note asking for clarification of the term reasonable doubt, suggest that at least some jurors still are wrestling with the facts of the case. Specifically, jurors seem to be focusing on discussions Libby had with Time magazine reporter Matthew Cooper.

Cooper says Libby told him that Plame worked for the CIA. Libby says he confirmed that he had heard that from other reporters but did not know if it was true.

The five charges against Libby carry a combined top penalty of 30 years in prison. Federal sentencing guidelines would call for a far shorter sentence -- possibly one to three years -- even if he were convicted of all five counts.

Copyright 2007 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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