Re: Libby guilty of perjury

[knowknot@xxxxxxxxxxxxxx]

On 3/6/07, Michael Perelman <michael@xxxxxxxxxxxxxxxxx> wondered:

> Why did the judge not add a 12 juror?

Because defense counsel with Libby's authorization/consent which the trial
judge confired had been knowinglyf/freely given stipulated to conclude
deliberations with an eleven person jury after the judge excused one of the
jurors for good cause.

> Why could the trial proceed with only 11 jurors?

Because such a stipulation is authorized by the Federal Rules of Criminal
Procedure which provide in/by Rule 23(b) that

   (1) In General.
    A jury [in a federal criminal case] consists of 12 persons
   unless this rule provides otherwise.

   (2) Stipulation for a Smaller Jury.
    At any time before the verdict,  the parties may, with the
    court's approval, stipulate in writing that:
        (A) the jury may consist of fewer than 12 persons; or
        (B) a jury of fewer than 12 persons may return a verdict
     if the court finds it necessary to excuse a juror for good
     cause after the trial begins.

   (3) Court Order for a Jury of 11.
    After the jury has retired to deliberate, the court may
    permit a jury of 11 persons to return a verdict, even without
    a stipulation by the parties, if the court finds good cause to
    excuse a juror.