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Libby, Cheney avoid stand in leak trial (will not testify, Russert may be recalled by defense)
AP on Yahoo ^ | 2/13/07 | Matt Apuzzo - ap

Posted on 02/13/2007 1:03:39 PM PST by NormsRevenge

WASHINGTON - Neither Vice President Dick Cheney nor his former aide I. Lewis "Scooter" Libby will testify at Libby's perjury and obstruction trial in the CIA leak case, Libby's lawyer said Tuesday.

Defense attorney Theodore Wells said he advised Cheney's lawyer over lunch that the vice president's testimony would not be needed. Wells also said he planned to rest his case this week without calling Libby.

In December, Wells had announced he would call Cheney as a defense witness. Historians said it would have been the first time a sitting vice president would have sat as a witness in a criminal case.

Libby is accused of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity. Plame is married to former ambassador and prominent war critic Joseph Wilson.

Attorneys said Cheney was willing to testify and, as recently as two weeks ago, Cheney said in an interview that he planned to be a witness. Libby, too, once seemed a likely witness. Pretrial documents said he would testify about his busy schedule and the national security issues that weighed on his mind.

But when U.S. District Judge Reggie B. Walton asked Libby in court Tuesday whether he was sure he did not want to testify. Libby responded: "Yes, your honor."

Defense attorneys say they plan to rest their case after they question three CIA briefers about Libby's daily intelligence briefings. Prosecutors say those briefers shouldn't be allowed to testify now that Libby isn't going to take the stand.

Libby is accused of lying to investigators about his conversations with reporters regarding Plame. Prosecutors say Libby learned Plame's identity from Cheney and other officials, relayed that information to reporters, then concocted a story to cover it up.

Libby says he was preoccupied with national security intelligence and honestly forgot details about Plame. He says he learned her identity from Cheney, forgot it, and learned it again a month later from NBC's Tim Russert and believed it was new information.

With Cheney and Libby off the witness list, attorneys said they planned to rest Wednesday. That schedule could be derailed if snow and freezing rain continued in Washington. Court closed early Tuesday because of the weather. Closing arguments will be held next week, Walton said.

Libby's defense team had planned to call Cheney to testify about his former aide's memory and his intense workload. Putting Cheney on the stand would have opened him up to cross-examination about how closely he was monitoring Wilson's criticism of President Bush's decision to invade Iraq.

Wilson, who conducted a CIA-sponsored trip to Niger, said he debunked prewar intelligence that Iraq sought to buy uranium from the African nation. That intelligence was still used as a basis for the invasion.

Fitzgerald argues that Libby was eager to discredit Wilson because he viewed Wilson as a threat to the credibility of Cheney and Bush.

By not taking the stand, Libby is giving up part of his defense. Walton said he would not allow defense attorneys to tell jurors that Libby considered his national security responsibilities more important than Wilson. Only Libby could tell jurors what he considered important, Walton said.

___

Associated Press writer Michael J. Sniffen contributed to this report.


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: cheney; cialeak; fitzfong; libby; scooterlibby
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Top of the hour abc radio news just mentioned Russert may get recalled to the stand for questioning by the defense.
1 posted on 02/13/2007 1:03:43 PM PST by NormsRevenge
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To: NormsRevenge

Hope they squeeze him until his eyes bug out. Wait...


2 posted on 02/13/2007 1:09:55 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: Eric in the Ozarks

Neither Libby nor Cheney testifying? Russert recalled? Things must be going well for the defense.


3 posted on 02/13/2007 1:13:50 PM PST by teddyballgame (red man in a blue state)
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To: NormsRevenge

Keith Olberman and Chris Matthews just unloaded in their diapers.


4 posted on 02/13/2007 1:14:05 PM PST by Wally_Kalbacken
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To: Wally_Kalbacken

"Keith Olberman and Chris Matthews just unloaded in their diapers."

While their heads simultaneously exploded.


5 posted on 02/13/2007 1:16:23 PM PST by teddyballgame (red man in a blue state)
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To: NormsRevenge

I still hope the call andrea mitchell and the times boss.


6 posted on 02/13/2007 1:16:56 PM PST by rod1
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To: NormsRevenge

The real question.....will that blue vein in Chris Matthew's forehead finally erupt like Vesuvius, when Drudge first flashes the Headline: "Scooter Skates" ??...


7 posted on 02/13/2007 1:17:50 PM PST by Bean Counter (Reading the Columbian so that you don't have to...)
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To: NormsRevenge

Seems like some kind of lawsuit against Wilson should be the next order of court business after this concludes.


8 posted on 02/13/2007 1:18:11 PM PST by rod1
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To: Bean Counter

I want to share your optimism but this shaky judge and 12 morons from DC leave me wary.


9 posted on 02/13/2007 1:19:30 PM PST by JerseyDvl (STOP - Hildabeast, Shrillary, Hitlery, Billary, Her Thighness, Sen. Cankles, Dukakis-in-Drag)
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To: teddyballgame
If I were Libby, I would have given my side and asked the obvious question; "WTF am I doing here."
10 posted on 02/13/2007 1:19:43 PM PST by Eric in the Ozarks (BTUs are my Beat.)
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To: rod1

Lots of hand-wringing on the Situation Room. "What would the risk have been???" ie, Libby and Cheney would have been in BIG trouble if they took the stand....pleassssse.


11 posted on 02/13/2007 1:20:13 PM PST by teddyballgame (red man in a blue state)
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To: teddyballgame
Keith Olberman and Chris Matthews just unloaded in their diapers."

While their heads simultaneously exploded.

Same contents, either way

12 posted on 02/13/2007 1:20:58 PM PST by digger48
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To: digger48

Evidently, the defense wishes to question Russert with videos which apparently show that he understands that a person is not allowed his counsel present during a grand jury proceeding. During Russert's testimony he stated that he wasn't aware that counsel wasn't allowed during a grand jury appearance.


13 posted on 02/13/2007 1:26:31 PM PST by disraeligears (How was the CREAM Madison Square Garden Concert?)
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To: Wally_Kalbacken

Keith Olberman and Chris Matthews just unloaded in their diapers.

--

Uhhh, Thanks!

Information Overflow, amongst other things, lol ;-)


14 posted on 02/13/2007 1:29:57 PM PST by NormsRevenge (Semper Fi ......)
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To: NormsRevenge
Don't cry, Chrissy:


15 posted on 02/13/2007 1:30:33 PM PST by Miss Didi ("Good heavens, woman, this is a war not a garden party!" Dr. Meade, Gone with the Wind)
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To: teddyballgame

A Russert recall?

Mr Tator Head is ripe for a good thrashing (again) in front of the Jury?

I would pay to see that. I hope the transcripts are made into a movie.

"Remember Mr. Russert, you are under oath, with penalty of jail for perjury"


16 posted on 02/13/2007 1:32:32 PM PST by PA-RIVER
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To: NormsRevenge
"Wilson, who conducted a CIA-sponsored trip to Niger, said he debunked prewar intelligence that Iraq sought to buy uranium from the African nation. That intelligence was still used as a basis for the invasion."

Including this in the story, when Wilson has been proven a total liar, is so misleading.

17 posted on 02/13/2007 1:33:25 PM PST by Williams
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To: NormsRevenge

Meet the Weasel (f/k/a Meet the Press).


18 posted on 02/13/2007 1:33:37 PM PST by Loyal Buckeye
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To: PA-RIVER

Let's put your remarks up so all can see....


19 posted on 02/13/2007 1:34:19 PM PST by teddyballgame (red man in a blue state)
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To: disraeligears

I hope they can get a filing on Russert.


20 posted on 02/13/2007 1:37:33 PM PST by stumpy
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