Sid Blumenthal has been paying close attention to the Libby trial that, for some reason, hasn't played out on the front pages of the nations newspapers and news magazines. Well, Anna Nichole Smith did die....
Libby's cynical defense | Salon.com :
Throughout the anxious months before the trial of United States v. I. Lewis Libby, one of Scooter Libby's old mentors, a prominent Washington attorney and Republican with experience going back to the Watergate scandal and with intimate ties to neoconservatives, implored him repeatedly to stop covering up for Vice President Cheney and to cut a deal with the special prosecutor. Yet another distinguished Washington lawyer and personal friend of Libby's, privy to the mentor's counsel, reinforced his urgent advice and offered to provide Libby with introductions to former prosecutors who might help guide him. But Libby rebuffed them. He refused to listen. He insisted on the trial.This Tuesday, Theodore Wells, Libby's chief defense lawyer, abruptly announced that neither Cheney nor Libby would testify on his behalf. In effect, the defense was resting. Did his own lawyers mistrust Libby on the stand? Would he lie and prompt another count of indictment? Would Cheney, indisputably the director of the campaign against former ambassador Joseph Wilson, be stepping into a perjury trap or open the door to conspiracy charges implicit from the beginning? Those questions, along with their testimony, remain moot.
According to prosecutor Patrick Fitzgerald, Libby's case amounts to an attempt at “jury nullification.” Libby is charged with five counts of perjury and obstruction of justice for lying about where he learned the identity of CIA undercover operative Valerie Plame (Wilson's wife) and to whom he spread that information. Fitzgerald presented two government officials, former CIA officer Robert Grenier and State Department official Marc Grossman, who swore they were the first to inform Libby. Libby was in pursuit of that information, Fitzgerald further revealed through testimony from past and present Bush administration officials, because the vice president had tasked him to find and spread it. And Libby also passed on the information to Ari Fleischer, the White House press secretary, to get him to pass it on to the press. Three reporters, Matt Cooper (then at Time magazine), Judith Miller (then at the New York Times) and NBC's Tim Russert, testified that Libby had conveyed to them the information about Plame. Fitzgerald's prosecution was well honed, unadorned and a straight arrow.
Libby's defense was the legal equivalent of the fog of war. He sought to obfuscate the clarity of the prosecution's case by raising irrelevant issues, turning the jury's attention away from the charges themselves and creating doubt by getting witnesses to admit small lapses of memory, thereby underlining Libby's memory defense. So Libby's lawyers highlighted Cooper's incomplete note taking, whether Miller raised the issue of writing a piece based on Libby's information, and whether Russert followed strict journalistic protocol when he spoke freely to the FBI. Libby's team also summoned a parade of reporters to relate that Libby had not dropped Plame's name with them. By demonstrating a negative, Libby sought to dispute a positive. The intent to sow confusion among the jurors in order to raise a shadow of a doubt and produce an acquittal partly depended on their ignorance of Washington anthropology.
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The next day, instead of calling Cheney, Libby's team put John Hannah, a neoconservative Middle East policy analyst on the vice president's staff, on the stand. For two hours, Hannah held forth on Libby's forgetfulness and the overwhelming crush of his job. Hannah was Cheney's stand-in, but without Cheney's enormous potential liabilities that might be explored through cross-examination. Hannah's role was to be the first-person witness to buttress Libby's memory defense.Yet, under cross-examination by Fitzgerald, Hannah was cracked apart in a matter of minutes. Fitzgerald asked him whether defending Cheney in the media was an important part of Libby's job. “It would be important to push back on those issues, yes,” Hannah said. Fitzgerald then got Hannah to acknowledge that getting Libby to give up an hour's worth of his time, given his heavy load of work, would be difficult. Fitzgerald zeroed in on Libby's two long meetings in the St. Regis Hotel's dining room on June 23 and July 8, 2003. “So, during the time of all these threats if he gave someone an hour or two of his time ... it was something Mr. Libby would think was important, correct?” Fitzgerald asked. Hannah answered that it was. “Is it fair to say that what was important to the vice president was important to Mr. Libby?” Fitzgerald asked. “Yes, that's correct,” Hannah replied.
But the demolition of Hannah was not done. A juror had a question, posed to the witness by the judge: Aside from Libby's difficulty with memory, did it lead him to have concerns about his effectiveness? “Never,” said Hannah. The barbed question was a sharp indication of at least one juror's cynicism about Libby's defense.
On Wednesday, the next day, Judge Walton ruled that Libby's lawyers had misled the court into believing that Libby would testify in his own behalf. Walton, therefore, disallowed admission into court of questioning of Libby's CIA briefers, who would supposedly show how busy Libby was, another element of his effort to confuse the jury. Undoubtedly, Walton's displeasure at Libby's refusal to testify will shape the instructions he gives to the jurors.
more here (daypass required)
Pardons anyone?
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