Standard #1: Libby says the can't remember = unaccaptable.

Standard #2: Russert says he can't remember = acceptable.

Russert's testimony:

Wells: Do you remember saying to Katie Couric about the indictment, "It's huge… first time in 130 years"?

Tim Russert: No, I don't question that I said it, but I just don't remember.

W: Do you have a bad memory?

T: No.

W: You don't remember going on TV to discuss a historic indictment, where you were personally involved?

T: I do television a lot, a lot of stories and interviews.

Fitzgerald: Which is bigger news, possible indictment or actual indictment?

T: Actual indictment.

F: What do you remember personally from October 28, 2005?

T: Press conference was a network interrupt, which was significant — and then hearing my name, which was jolting. And then Brian Williams talking me about the case and asking me to explain my role, which I did. First time in my life I'd heard my name spoken by a prosecutor.

Wells: Do you recall appearing on the Imus show the morning of the 28th?

T: (meekly) No.

W: Do you recall whether the Today show reported that Libby would be [indicted]?

T: I don't.

W: Do you remember being on the Today show yourself and discussing possible charges against Libby?

T: I don't.

W: Do you deny it?

T: I don't deny it, I just don't deny it.

W: Remember the phrase "first time in a hundred years"?

T: No.

W: You don't remember talking about this on Today show?

T: I appear on Today show several times a week.

W: How many times do you appear on the Today show to discuss possible indictment of chief of staff of VP, in a case where you were involved — first time in your life, right?

T: Yes.

W: So you don't recall

T: No. I do recall watching (Fitzgerald) news conference and discussing it with Brian Williams. (is shown Today show transcript) I don't recall this, sorry.

W: Given your personal involvement… you have no recollection of that day?

T: No, I said I remember news conf and going on air with Brian Williams

W: Don't recall Today show?

T: No.

W: Don't recall Imus show?

T: No.

W: Do you remember saying to Katie Couric about the indictment, "It's huge… first time in 130 years"?

T: No, I don't question that I said it, but I just don't remember.

W: Do you have a bad memory?

T: No.

W: You don't remember going on TV to discuss a historic indictment, where you were personally involved?

T: I do television a lot, a lot of stories and interviews.