Skip to main content

View Diary: Libby's Testimony Dance (137 comments)

Comment Preferences

  •  Libby Will Testify (3+ / 0-)
    Recommended by:
    3goldens, Shaking the Tree, xicara

    The defense's introduction of the CIPA material outside of Libby's testimony is not all that surprising.  They want to use that material as a constant reminder to the jury of their key defense -- that Libby was so busy with more important things, he forgot the true sequence of events regarding what he learned when about Valerie Plame.  The prosecution is trying to minimize the echoing of that theme, and force all mention of the CIPA evidence through Libby's testimony.  

    As such, the constant attempt to use the CIPA material before Libby presents his case is classic stage setting.  In particular, it does not signal that Libby will stay off the stand.  Indeed, I do not think Libby's lawyers could even get to the jury on the "I was too busy" defense if Libby does not take the stand.  They certainly run the risk that Walton will issue an order prohibiting defense counsel from making such an argument if Libby does not testify.  Good defense counsel would not take this risk this stage in this particular trial.

    And kudos on some truly excellent work.

    •  Well (3+ / 0-)
      Recommended by:
      azale, 3goldens, xicara

      When Fitz implied they were trying to introduce it without putting Libby on the stand, Libby's team did not deny it. And as Fitz pointed out, defense made NO mention of Libby testifying during opening.

      At this point, they have left their options open for Libby to testify or not. But both Fitz and I (and I think Christy) lean towards believing they're not going to put Libby on the stand.

      This is the way democracy ends Not with a bomb But with a gavel -Max Baucus

      by emptywheel on Sun Jan 28, 2007 at 06:36:29 AM PST

      [ Parent ]

      •  Simply Fascinating (0+ / 0-)

        Defense counsel failing to state one way or another about Libby testifying is hardly consequential, unless their opening statement provided the summary of evidence they expect to provide, complete with names of witnesses.  In that case, the omission is meaningful.  Not having read the transcript of opening statement, I cannot say.

        That having been said, defense counsel must think Libby would be a terrible witness if he is not going to put him on the stand to aid the "I made a horrible mistake" defense.  The general rule is defendants do not take the stand unless they have to, and this is one of those cases where he clearly has to.

        And thanks for your extensive coverage and incisive comments.

    •  The thing that just plain doesn't add up (3+ / 0-)
      Recommended by:
      3goldens, Shaking the Tree, xicara

      is that it makes sense that a busy person might not remember the details of a particular episode, having so many other important things to think about. But how does that equate with fabricating a false story, for a grand jury and/or a federal investigator, sticking to it, repeating it, under oath, and not just saying "I can't remember how or when I first learned this information". I wouldn't believe this, but at least it wouldn't be absurd.

      Scooter Libby is a liar and a perjurer, and a poor excuse for one at that. I only hope that he is able to drag down as many of his lying neocon brethren as he can. It will be a lovely thing.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site