But when Fitzgerald got his chance to cross-examine Loftus about her findings, he had her stuttering to explain her own writings and backpedaling from her earlier assertions. Citing several of her publications, footnotes and the work of her peers, Fitzgerald got Loftus to acknowledge that the methodology she had used at times in her long academic career was not that scientific, that her conclusions about memory were conflicting, and that she had exaggerated a figure and a statement from her survey of D.C. jurors that favored the defense.
Her defense-paid visit to the federal court was crucial because Libby is relying on the "memory defense" against Fitzgerald’s charges that he obstructed justice and lied to investigators about his role in the leaking of a CIA operative’s identity to the media. Libby’s attorneys argue that he did not lie — that he was just really busy with national security matters and forgot some of his conversations.
When Fitzgerald found a line in one of her books that raised doubts about research she had cited on the stand as proof that Libby needs an expert to educate jurors, Loftus said, "I don’t know how I let that line slip by."
See, there’s an epidemic of memory loss in the area. Presidential Advisor, Karl Rove, forgot he "outed" Valerie Plame to Time Magazine Reporter, Matthew Cooper. Speaker of the House, Dennis Hastert, forgot he was told about Congressman Mark Foley’s sexual escapades with the House Pages. President George Bush forgot about "Mission Accomplished" and, more recently, "Stay the Course." Secretary of Defense, Donald Rumsfeld, forgot he said "six months" for the Iraq War.
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