Cheney, Libby will not testify in perjury trial

WASHINGTON - Attorneys for I. Lewis "Scooter" Libby said neither Vice President Dick Cheney or defendant Libby will testify in the defense's case, while also indicating the defense will likely rest its case by the end of this week.  Judge Reggie Walton said closing arguments in the trial will take place next Tuesday.

After Libby's attorneys stated in court (outside the presence of the jury) that Cheney's attorney was notified during the lunch hour that Cheney would not be called to testify, Libby lawyer Ted Wells then addressed the issue of Libby's potential testimony. Wells told the judge that he (Wells) and Libby lawyer William Jeffers advised Mr. Libby that it was their belief Mr. Libby should not testify and that the defense should rest its case following the potential testimony of the CIA briefers. Wells then told the judge Libby, "after consultations with us and his wife, has said he will follow our advice."

The judge then gave an instruction to Libby. Libby stood at the defense table as the judge informed him, "you have an absolute right to testify... Do you understand that?" Libby paused for a moment and said, "Yes sir. I thank you for your concern. I will follow the advice of my counsel." The judge replied, "Okay, thank you."

The attorneys are now arguing over the scope of evidence that will be allowed from the final witnesses in this case - CIA briefers who provided Libby with his daily classified intelligence briefings. The arguments are expected to last for some time. If the CIA briefers are allowed to testify, the defense says this will take about an hour.

The judge dismissed the jury for the day, instructing them to return at 1:30 Wednesday afternoon for whatever testimony from these briefers the judge allows in.   Following that testimony, the defense will then rest.

The judge says he will work with the attorneys on Thursday to resolve issues regarding jury instructions and closing arguments.

Libby's 'awful' memory
Vice President Dick Cheney's national security adviser John Hannah, who served as Libby's deputy in 2003 and 2004, and now serves as Cheney's national security adviser took the witness stand Tuesday and described his predecessor, Libby, Tuesday as someone responsible for the nation's most sensitive intelligence but whose memory was notoriously spotty.

Hannah also described a workday that began with a highly classified CIA briefing and continued at breakneck speed from one top-level meeting to the next.

Libby is on trial for lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity. Libby says he didn't lie but rather was too focused on more lofty issues to remember conversations he had with reporters regarding Plame.

Hannah is a critical defense witness because he bolsters Libby's argument that he was focused on terrorist threats, foreign intelligence and war planning. And when it came to remembering things in such a fast-paced environment, Hannah said, Libby frequently faltered.

"On certain things, Scooter just had an awful memory," Hannah said.

He described briefing Libby on policy decisions and strategies in the morning, only to have Libby excitedly repeat them back to him that evening as if they were new.

"That's Scooter," Hannah said.

That anecdote seemed to sum up much of the flavor of the perjury and obstruction trial; Special Prosecutor Patrick Fitzgerald says Libby learned about Plame, the wife of prominent war critic and former Ambassador Joseph Wilson, from Cheney and other officials. Libby repeated that information to reporters, Fitzgerald said, then concocted a story about learning it from another journalist to shield himself from prosecution.

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