Cheney Not Going To Testify!

[Me.]

as per MSNBC right now.

On edit: Apparently CNN is reporting Scooter won't take the stand either.

[Beaverhausen]

1. I'm guessing he will resign soon

[iconoclastic cat]

2. Really? Why would this be an indication of his leaving/slithering? nt

[Beaverhausen]

16. Wishful thinking?

If he resigns, he can't be prosecuted? OK- I'm probably wrong about that.

But that would give * the opportunity to put someone in place who will be an "incumbent" candidate. I'm guessing McCain.

[bahrbearian]

21. he resigns, Chimpy can pardon him , then Lieberman can pardon

the Chimp.

[peacebird]

47. not even in jest should anyone EVER post that scenario..... LIEberman as prez?

just when you think it can't get any worse... :puke:

[Me.]

3. Lips To Ears

If you get my meaning

[Kadie]

4. Yep

I'm sure they want to get someone else into that VP slot asap.

[Kikosexy2]

8. Darth Cheney...

is afraid of burning his hand on the Bible when sworn in to tell the truth...Bummer! It would have been grand to see Fitzie throw holy water on him and watch him squirm and scream "it burrrnnnss!"....

[iconoclastic cat]

5. Is that bad or good for him? nt

[peacebird]

6. Libbys lawyers think they have won the case and don't need him? Or know they have

the pardon sewed up so don't care? or what?

[Me.]

13. He'd Do More Harm Than Good

He'd have to face Fitzgerald and that could be very bad for the defense. The report said Scooter's lawyers have released him.

[wicket]

7. How'd he pull that off?

:popcorn:

[LonelyLRLiberal]

9. Blogging at www.firedoglake.com confirms.

Libby won't testify, either. His attorneys released Cheney, who was slated for Thursday, and Libby is taking advice of counsel not to testify.

They are not willing to let Shooter or Scooter undergo cross-examination by Fitz.

[TahitiNut]

15. Yup. Seems to me they're going the appeal and pardon routes.

I really don't think they'll escape a Guilty verdict in this case - on at LEAST three counts.

[Me.]

20. Well I Hope Walton Declines Letting Libby Stay Out Of Jail

during any appeals.

[TahitiNut]

23. The only basis I've seen them claim for appeal is on the admissability of evidence.

Walton has ruled presuming, in many cases, that Libby would testify. This would have established the basis for admissability and avoid the hearsay exclusions. Thus, some testimony and documentary evidence hsa apparently goten in that otherwise would not, even though Fitz has been diligent in challenging in some instances. I think a fair Appeals court would NOT reverse - since Libby has gotten more instead of less.

The kind of evidence and testimony admitted has to do with the alleged workload - in terns of the time it consumed and the preoccupation Libby had with other matters. The admissability would then be premised on Libby's own claims regarding his focus ... and (sedondarily) Cheney because Cheney sets the priorities in his role as Libby's boss. When BOTH are eliminated as witnesses, then the admissability presumptions change. I just can't see how anyone can claim Libby didn't get more than he would've otherwise gotten.

Considering this, and considering that Walton would probably understand the "bait and switch" for the evidenciary rulings, I can't see how Walton would grant freedom pending appeal exxcept through an EXCESS of generosity. The "Club Fed" is convenient enough to the court and attorneys that incarceration would be very appropriate.

[Warpy]

26. They'll do anything to keep Cheney off the stand

because the only things he could do under oath is plead the fifth or whine about secrecy and national security. All would be fatal to this administration.

He'd be a terribly bad witness to the defense. His demeanor would ensure Libby's conviction, and so would letting Libby testify on his own behalf.

It looks to me like Libby's lawyer has thrown in the towel, like he knows his client is guilty as sin and is hoping for a last minute plea bargain to end the whole business.

It's too bad his lawyer doesn't see the bigger issues.

[blogslut]

29. Also

The only way Cheney can help Scooter is by implicating himself.

[H2O Man]

30. Key n/t

[EFerrari]

37. Fitzgerald is one of the most patient people I've ever seen at work.

What is going on here, H20 Man? Will Cheney skate in your opinion?

[H2O Man]

40. Good question.

I think that VP Cheney should face criminal prosecution. I believe that there is enough evidence to warrent his being charged. I never thought that listed him as an unindicted co-conspirator would serve justice. Certainly, there is enough evidence for the House to begin the investigation that should lead to Cheney being impeached. And the Wilson's civil trial will attempt to include Cheney. But I believe that Mr. Fitzgerald owes it to this country to charge VP Cheney.

[EFerrari]

42. I agree with you in that regard. We must stop recycling these criminals.

That, imho, is a significant consequence of letting them simply sail into the sunset on their yachts. They come back.

It makes me physically ILL that Negroponte is still in any position of power in this government, for example.

Our government is an illustration that the "return of the repressed" is inevitable.

Oh, and have you seen this thread of bobbolinks? I thought you might enjoy the frame. It's still young, though.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x195635

[LonelyLRLiberal]

31. Libby's defense pretended that they were going to call both of them.

They had Hadley testifying about the so-called serious national security issues that Libby supposedly dealt with on a daily basis and how Libby would forget stuff from briefings. Fitz repeatedly objected to lines of questioning about Libby's "busy and important duties" and the defense basically led the judge to believe that at least Libby would testify - that was to justify the "bad memory" defense.

[H2O Man]

38. Hannah.

The House should call both Hannah, who testified today on how busy poor forgetful Scooter was, and Hadley, who was told by Tenet to take the Niger reference out of the 10-02 Cincinatti speech, to chat with a committee investigating the OVP.

[LonelyLRLiberal]

44. Thanks, H2O Man - I'm terrible with names. n/t

[H2O Man]

46. Many people,

myself included, have gotten their names backwards. They are two peas in a pod. There is some significant overlap in their activities, too.

[jollyreaper2112]

41. huh?

So what does this mean? Is this anything like Ashcroft being asked direct questions in congress and refusing to answer? On that one it would have required Rep backing to nail his scrotum to the wall so of course there were no consequences. But this isn't even Congress, this is a trial.


Er, wait, on second thought -- they're both going to be testifyng as defense witnesses? Well, I guess it's their perogative to not take the stand. I wonder how the jury will see that.

[bighughdiehl]

10. How conveeeeeeeeeeeenient.......

Another Whitewash-I knew it.

[meldroc]

11. I have yet to hear any indications that Cheney will resign,

though it does look like for now they're throwing Libby under the bus (until the pardon, that is...)

[Democrat 4 Ever]

19. Now saying they are letting the jurors go home early due to

federal government shutting down b/c of snow storm. Then said there would be some tapes entered for the defense and the defense rests. Hard to follow but it appears that they are then adjourning until Tuesday(Tuesday!!!?) of next week before instructions and deliberations. Hope I got that wrong. I was thinking Chucklenuts would have Scooter convicted, sentenced and pardoned before the weekend.

Dead Eye dodged a bullet, if he had had to touch a bible I'm thinking it would burst into flames.

[BuyingThyme]

12. I suspect that was the plan all along.

But I didn't see it coming.

[SharonRB]

14. Here's a link to the liveblog at FDL

http://www.firedoglake.com/2007/02/13/libby-live-tedious-legal-arguments/

Looks like Marcy will get to go home sooner than she thought.

[ThomWV]

17. So They Really Are Throwing Libby Under The Train

For the good of the cabal, no one will say anything and libby will go to jail.

Good riddance ....

[marlakay]

18. Who is surprised by that?

NO way could he testify and tell the truth...answer don't do it...I never thought he would.

[Virginia Dare]

22. Cheney, still getting deferrments..some things never change..n/t

[rhiannon55]

24. Of COURSE Cheney won't testify

Cheney thinks he's king of the world. If he refuses to testify, who's gonna make him? :mad:

[MonkeyFunk]

27. He's not refusing to testify

he was a witness for the defense, and the defense has decided they don't want to call him.

[bdamomma]

25. too bad what is the reason his mechanical heart can't take it?

[H2O Man]

28. Team Libby recognizes

that VP Cheney's testimony would help convict Scooter. He would be able to testify on direct that Libby was a very busy man; however, on cross, Mr. Fitzgerald would document what Dick and Scooter were busy doing. That would have included a substantial amount of documents from the OVP.

[lies and propaganda]

32. WTF? I ignore my subpoenas all the time too...

He is subpoened right? That slimy fucking bastard.

[Me.]

35. Libby's Lawyers Released Him

Wonder what made them do that :sarcasm: ?

[Pithy Cherub]

33. Always believed that neither would testify

because the trial was about perjury and obstruction with too much risk for either of them on cross. Too much opportunity for Fitz to bring additional charges. Cheney as a sitting VP would be more like a turtle belly side up on cross and in light of his demeanor with Wolf wouldn't have made it under a Fitz cross.

But it would have been great to see - but it willhappen as the Wilson's go forward with their civil suit.

:popcorn:

[Spazito]

34. It is no surprise, imo, that Cheney isn't going to testify....

He NEVER was, he was simply put on the witness list for show, imo. As for Libby not testifying, given the very strong case put forward by the prosecution, it is the responsibility for Libby's lawyers to advise their client not to testify if they believe, in doing so, he would commit perjury or that his testimony would put him at greater risk for not good purpose.

I think the Libby defense team have advised their client their belief he will likely be convicted and they need to concentrate on planning their appeal/s.

The questions put forward by the jurors today certainly showed they understood the strategy of the defense's case and they were not buying the 'dog and pony show', imo.

From the testimony blogged at firedoglake this morning, note: TYOI = Hannah, he took over Libby's job when Libby resigned and his job was to try and convince the jury that Libby was SO involved in such IMPORTANT national issues that he could forget he knew something as inconsequential the outing of a CIA agent and from whom he first heard about Valerie Plame:


SNIP

Juror Questions

Walton Aside from Libby's difficulty with memory did it lead him to have concerns about his effectiveness?

TYOI Never

Walton When Libby had memory lapses, what was done to trigger recall of things discussed

TYOI He was quite good at remembering ideas and concepts, very bad at figuring out where they came from, how they came to him.

Walton Would Libby deny that you had informed him of these things

TYOI Never


END of SNIP

http://www.firedoglake.com/2007/02/13/libby-live-john-hannah-two/

[AlCzervik]

36. Does anybody think Fitzgerald will present a rebuttal prosecution?

[Me.]

43. Don't Know

But am looking forward to his closing

[H2O Man]

48. Another team member

does the closing, then Teddy does his thing, then Patrick Fitzgerald does the rebuttal. It is going to be him responding to Teddy. I can say this, for sure: it will be a powerful presentation.

[Me.]

39. Not Only Are Libby & Cheney Not Going To Testify...

Libby is going to rest his case Thursday.

"Wells: Prior to lunch I indicated to the court that I would be making recommendations to Libby wrt the progress of his case. Over the lunch hour Mr Jeffress and I advised Cheney's lawyer. If we had called he would have been available on Thursday. We have released the VP as a witness. Jeffress and I recommended to Libby that subject to putting on the briefers and some documentary evidence, he should rest following that. After consulting with us and his wife, he indicated he would follow this advice."

http://www.firedoglake.com/

[proud patriot]

45. grumble grumble grumble

x(