Tomorrow will be closing arguments in the Scooter Libby trial, and as a trial lawyer myself I am particularly looking forward to them and wish I could have a seat in the courtroom to watch and listen. Procedurally both sides get the same amount of time (I believe three hours total each) but the prosecution gets the privilige of splitting their time up and having first word and last argument. That advantage is huge.
Libby's defense is particularly hamstrung by the fact that Libby decided (wisely I believe) not to testify. The judge had made clear all along that Libby's lawyers would only be allowed to argue the "he was so busy with other important things that he made an honest mistake" defense if he himself testified to those other things, so that defense is out. The real defense they want to make is the "why should Scooter be punished when he wasn't the real/only leaker" defense but that is technically called jury nullification and the judge won't allow it and also it is a very bad strategy when Special Prosecutor Fitzgerald will have the last word and be allowed to bring the jury back to the specific charges of perjury and obstruction of justice and then say "The reason this crime is so serious is because the lies and the obstruction of justice was like throwing sand in the umpires face. It was done specifically to prevent us from finding out and punishing the real leakers."
So as you might be able to guess I am predicting a conviction on multiple counts. And then obviously Libby will be sentenced to a lot of years in Federal Prison, it will all be delayed pending appeal and there will be no pardon right away because Bush wouldn't dare.
But here's my point. I don't think the special prosecutor will stop his investigation with just Libby's conviction. Fitzgerald has been described as a bulldog. I think that rather then satisfying him with the accomplishment, the conviction will empower Fitzgerald to get back to work. I expect/hope that he will go back to a new grand jury once Libby is convicted and begin investigating the question of why did Libby lie. Was there a conspiracy involving Dick Cheney to obstruct justice ?
Cross posted at Dominant Reality