I. Lewis "Scooter" Libby (first name generally given as Irv, Irve or Irving; born August 22, 1950) is an American lawyer and former advisor to Vice President Dick Cheney. From 2001 to 2005, Libby held the offices of Assistant to the Vice President for National Security Affairs and Chief of Staff to the Vice President of the United States and Assistant to the President during the administration of President George W. Bush. In October 2005, Libby resigned from all three government positions after he was indicted on five counts by a federal grand jury concerning the investigation of the leak of the covert identity of Central Intelligence Agency officer Valerie Plame Wilson. He was subsequently convicted of four counts (one count of obstruction of justice, two counts of perjury, and one count of making false statements), making him the highest-ranking White House official convicted in a government scandal since John Poindexter, the national security adviser to President Ronald Reagan in the Iran-Contra affair.

On March 6, 2007, the jury convicted him on four of the five counts but acquitted him on count three, the second charge of making false statements when interviewed by federal agents about his conversations with Time reporter Matthew Cooper.  After being questioned by the FBI in the fall of 2003 and testifying before a Federal grand jury on March 5, 2004, and again on March 24, 2004, Libby pleaded not guilty to all five counts. According to the Associated Press, David Addington, Cheney's legal counsel, described a September 2003 meeting with Libby around the time that a criminal investigation began, saying that Libby had told him, "'I just want to tell you, I didn't do it'... I didn't ask what the 'it' was.'"  Libby retained attorney Ted Wells of the firm of Paul, Weiss, Rifkind, Wharton & Garrison to represent him. Wells had successfully defended former Secretary of Agriculture Mike Espy against a 30-count indictment and had also participated in the successful defense of former Secretary of Labor Raymond Donovan.  After Judge Reggie Walton denied Libby's motion to dismiss, the press initially reported that Libby would testify at the trial. Libby's criminal trial, United States v. Libby, began on January 16, 2007. A parade of Pulitzer Prize-winning journalists testified, including Bob Woodward, Walter Pincus and Glenn Kessler of The Washington Post and Judith Miller and David E. Sanger of The New York Times. Despite earlier press reports and widespread speculation, neither Libby nor Vice President Cheney testified. The jury began deliberations on February 21, 2007.

What was count 3
the second charge of making false statements when interviewed by federal agents about his conversations with Time reporter Matthew Cooper.