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wirov comments on Harry Potter and the Methods of Rationality discussion thread, part 12 - Less Wrong
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Hagrid's story seems to be unchanged, and Harry is aware of it - he was told he was responsible for getting the conviction overturned and the wand returned. The point is more that Lucius Malfoy doesn't directly control the Wizengamot. His main tool at this trial seems to be rhetoric, drumming up righteous indignation and playing the part of the aggrieved Noble. If Harry stops focusing on Lucius and in stead focuses on the individual voters, he can find arguments to sway different sections.
Hagrid's case sets a precedent which makes it obvious the Wizengamot is playing to a double-standard in this case, but he would certainly have to come up with more arguments. Another point he could make is that Hermione had no motive. Another is that her behaviour before the event was completely out of character. He has Hermione right there, and veritaserum on hand, so if he asked her the right questions under veritaserum he could probably find out about the huge chunk of missing time she has in her memory - good evidence that she was psychologically manipulated.
What huge chunk of time is missing from her memory?
The only moments she misses are (according to Harry's theory) * the moment in which she remembers seeing Draco and Snape plotting against her, which was implanted by a FMC and removed after the duel (leaving all the true but misleading memories of being furious at Draco in place) * and a short time intervall after the duel, where the false memories of her performing the Blood Cooling charm were inserted.
In addition, we can assume that these memory charms were very precisely executed because of their utmost importance to the plan. Thus, even the transitions between these false memories and the true memories surrounding them would probably be unnoticable. (Remember, a legilimency expert already checked her.)
(Of course, there is also the Groundhog Day incident when she really lost a huge chunk of time – but it's not related to this event in any way that's obvious to Harry. I'm not aware of any evidence that he even knows about that.)
I was referring to the Groundhog Day incident. Harry probably isn't aware of it, but could come across it by asking simple questions of Hermione like "why were you so angry that day of the battle?". Hermione seems aware that she is missing memories here, due to her "lost track of time" statement to Susan.
Thinking of what Draco might have done to her and then obliviated seems a reasonable explanation for her anger towards him during the battle, and perhaps why she can believe that she did attempt to murder him.