Woodward, Novak testify in Libby perjury trial

The defense and Dick Cheney
When attorneys for I. Lewis "Scooter" Libby do begin their defense of the former chief of staff to Vice President Dick Cheney this week, it will likely begin with a parade of witnesses, including prominent journalists and former co-workers.  But his attorneys left it a mystery as to whether they would call the two star attractions on their witness list: Cheney and Libby himself.

Though a court filing Sunday night by Libby's attorneys argues that evidence of his deep involvement with national security issues during the summer of 2003 - part of his memory defense - should be admitted into evidence "regardless of whether he testifies."  The vice president is in Washington this week and travels overseas next week on a trip to Japan and Australia. The speculation is that if called to testify for Libby, Cheney may appear at the courthouse sometime this week because it is possible that the Libby's defense may rest by the end of next week.

The defense had indicated that it planned to call Cheney, presumably to buttress the point about his former aide's intense workload at the White House.

But documents filed in federal court last week by Libby's attorneys said Cheney was "potentially" a witness. Such hesitation is a step back from attorney Theodore Wells' declaration in a pre-trial hearing December 20 that, "We're calling the vice president."

Valarie Plame Wilson's name was first disclosed publicly in a column by Robert Novak on July 14, 2003, just days after The New York Times published an Op-Ed article by her husband, who asserted that the Bush administration had willfully distorted intelligence to build its case for invading Iraq. Wilson had been sent on a mission to Niger by the C.I.A. to investigate intelligence reports that Saddam Hussein had tried to buy uranium ore, called yellowcake, for his weapons program. Wilson returned in 2002 and reported he found no firm evidence that had occurred.  Neither Libby, nor anyone else was charged with improperly disclosing Plame's name.  After 11 days of testimony from 10 high-profile witnesses, prosecutors last week wrapped up their case.  Libby's attorneys attempted to showing that prosecution witnesses at times suffered memory lapses. But those testifying were consistent on two key points: what they did not tell Libby, and what he told them about Wilson's wife.

Libby in his own defense?
Whether Libby will take the stand in his own defense remains unclear. His lawyers previously indicated he was going to testify, but they appear to be rethinking their plans.

FREE VIDEO Extraordinary portrait of Cheney Feb. 12:  Countdown host Keith Olbermann talks to Nixon White House Counsel John Dean about the extraordinary portrait of Vice President Cheney that is being drawn at the Scooter Libby trial. Countdown

In a court filing, defense attorneys wrote, "Mr. Libby has not decided whether he will testify. He will make that decision, as defendants customarily do, on the advice of counsel after having the opportunity to assess the full prosecution case and other evidence presented during the defense case."  Libby had planned to testify about how his work days were consumed with important national security issues that clouded his memory of how he learned and what he told reporters about the wife of administration critic, former ambassador Joseph Wilson. Those issues, according to his attorneys, help bolster what has become known as the "memory defense."

Presiding U.S. District Judge Reggie Walton, has said during the trial, that defense attorneys could not raise the memory defense at closing without Libby's testimony. The judge has not ruled yet on the memory defense issue and may reserve a judgment on the issue.  "If Mr. Libby doesn't testify, there'll be no memory defense," Walton said.

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