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10 qt 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES, : GOVERNMENT, : vs. : CR. NO. 05-394 LEWIS LIBBY, DEFENDANT, WASHINGTON, D. C. OCTOBER 26, 2006 TRANSCRIPT OF PROCEEDINGS BEFORE THE HONORABLE REGGIE B. WALTON FOR THE GOVERNMENT: PATRICK FITZGERALD, SPECIAL COUNSEL U. S. DEPARTMENT OF JUSTICE 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604 PETER ZEIDENBERG, AUSA 555 4TH STREET, N. W. WASHINGTON, D. C KATHLEEN KEDIAN FOR THE DEFENDANT: JOHN CLINE, ESQ. JONES DAY 555 CALIFORNIA STREET SAN FRANCISCO, CA. 94104 WILLIAM JEFFRESS, ESQ. BAKER BOTTS, LLP 1299 PENNSYLVANIA AVE., N.W WASHINGTON, D. C. 20004 THEODORE WELLS, JR., ESQ 1285 AVENUE OF THE AMERICAS NEW YORK, N. Y. 10019-6064 COURT REPORTER: PHYLLIS MBRANA 6816 U. S. COURTHOUSE 3RD & CONSTITUTION AVE, N.W. WASHINGTON, D. C. 20001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I-N-D-E-X WITNESS DIRECT CROSS DR. ELIZABETH LOFTUS 11 52 E-X-H-I-B-I-T-s DEFENDANT'S IN EVIDENCE 1-8 18 10 ql 12 13 14 15 16 17 18 1g 20 21 22 23 24 25 P-R-O-C-E-B-D-I-N-G-S (THE DEFENDANT AND COUNSEL WERE PRESENT.) THE DEPUTY CLERK: CRIMINAL ACTION NUMBER 05-394, UNITED STATES OF AMERICA VERSUS LEWIS LIBBY. COUNSEL, CAN YOU PLEASE IDENTIFY YOURSELVES FOR THE RECORD. MR. FITZGERALD: YES. YOUR HONOR, GOOD MORNING. PAT FITZGERALD FOR THE UNITED STATES, JOINED BY THE USUAL TEAM. I WILL MENTION ONE ADDITIONAL PERSON SITTING AT COUNSEL TABLE IS DR. NEAL COHEN, A PSYCHOLOGIST, BUT WE ARE NOT CALLING HIM AS A WITNESS. HE'S JUST GOING TO TELL ME WHAT THE BIG WORDS MEAN. BUT THAT IS AN ADDITIONAL PERSON HERE TODAY. THANK YOU. THE COURT: VERY WELL. MR. CLINE: GOOD MORNING, YOUR HONOR. JOHN CLINE FOR MR. LIBBY, WHO IS HERE. AND WE, 700, HAVE THE USUAL TEAM, THE COURT: GOOD MORNING. I HAVE READ THE PAPERS THAT HAVE BEEN SUBMITTED. I DON'T HAVE ANY SERIOUS QUESTION ABOUT THE SCIENCE. I WOULD AGREE THAT THERE OBVIOUSLY IS A SCIENCE IN REFERENCE TO THE PROCESS OF MEMORY. MY MAIN CONCERN, TO LET YOU ALL KNOW AHEAD OF TIME SO YOU CAN FASHION YOUR PRESENTATION TO TRY AND ADDRESS THE