Libby May Not Testify - New Brief Filed By Scooter's Lawyers

[kpete]

Libby May Not Testify
By Jeralyn, Section Lewis Libby Trial Coverage
Posted on Mon Feb 05, 2007

It's official. Scooter Libby may not testify at his trial. His lawyers filed a brief tonight (pdf) http://www.talkleft.com/LibbyTrial/trialbrieffeb5.pdf in connection with yet another sealed request for classified materials, trying to convince the court that Libby's memory failure defense -- the part that is based on how busy he was due to the urgent national security matters he was involved in -- should come into evidence even if he doesn't take the stand. They say that making him testify in order to present his memory defense would force him to choose between his 5th Amendment right to remain silent and his 6th Amendment right to counsel.

They state in a footnote that on September 27, 2006, in connection with the fight over classified materials, Team Libby told the court it was "very likely" Libby would testify but did not promise he would. They point out that other courts have ruled that both sides can present circumstantial evidence as to a defendant's state of mind. They argue that Fitz has repeatedly presented circumstantial evidence at trial of Libby's state of mind.

more at:
http://www.talkleft.com/story/2007/2/6/03133/89900

[wildbilln864]

1. I don't see..

how this can possibly help him. :shrug:
Libby's going down! :woohoo:

Who'll be next?

[knowbody0]

2. how weak

pathetic, toothless. and to think this is the best they have. laughable.

[The_Casual_Observer]

3. libby is a little creep with a little man complex.

I hope they kick his ass.

[Orangepeel]

4. they should be able to suggest that he doesn't remember w/o his testimony

of course, nobody on the jury will believe it.

[nolabels]

5. I am having this thought that Libby's counsel will bring a defense....

a defense that will backfire......... but understanding how a lot of them folks think backward and such it wouldn't be too hard to misunderestimate them either :shrug:

[dweller]

6. well, what about water-boarding?

they can do that, can't they?

it's in a signing statement somewhere ...
dp

[Garbo 2004]

7. Funny, the only thing Libby "remembered" about Plame is a conversation that never took place. n/t