Who does the lawyer represent? The defendent. When the defendent sits mute while his lawyer says he will testify that, that could be characterized as fraud.
Let's see, perhaps I can follow your thinking here. Libby is guilty because Cheney didn't testify. What was Cheney supposed to testify about? He wasn't at the interview with the FBI agent, nor was he in the grand jury room, so Cheney had nothing to do with Libby being in court.
No Libby is guilty because Cheney didnt testify that he didnt tell Libby about Plame, but then he did and he told the investigators that. No, I think its pretty clear why Cheney didnt testify, he would have assured Libby of a guilty verdict.
Ah, I see, your little crystal ball tells you all this stuff. Do you have a 900 number?
I see, so if I don't testify in court about something Libby is guilty again? Funny, I didn't realize that Libby would be guilty each time someone didn't testify in court.