No Libby, Libby, Libby on the stand.

[Hamlet]

Defense counsel has stated that he's not going to call Libby nor Cheney to testify for the defense in Libby's trial.

After all the bluster, all the grandstanding, we're not going to get to hear sworn testimony from Libby or Cheney. It is an interesting piece of manuvering by defense counsel, who had represented until just recently, that both would take the stand. I'm guessing that closing arguments will be replete with objections from the government while defense counsel argues, without evidence, that Libby just plain forgot when he talked to the investigators and the grand jury. In addition, there's the issue of the relevance of all the evidence and cross examinations, that set the stage for the faulty memory defense, only to have no relevance because Libby won't be testifying. It was a shrewd move by defense counsel to walk that thin line between offering evidence that shows he MIGHT have forgotten, but no evidence that he actually did. The judge has taken under advisement the issues of just how far defense can go in putting evidence of Libby's busyness (busyocity? busyable?) without having to put his guy on the stand.

But mostly I'm just pissed because I wanted Libby and Cheney subjected to cross examination by Fitzgerald. Bastards stole my fun.

[wring]

Yea, mine too. I chuckled at the one witness who was testifying about how forgetful Libby was, that ostensibly, you could have a conversation w/him about a subject and he'd act like it had only just occurred to him hours/days later. Saturday Night LIve did a not so funny skecth about that sort of thing "Mr. Short Term Memory" or something like that. I forget.

[Mtgman]

He shouldn't have stood under that pear tree.

Enjoy,
Steven

[Squink]

Originally Posted by Hamlet

Bastards stole my fun.

That is sad. However, today does have a sunny side, as the Cunningham/Wilkes/Foggo scandal just picked up indictments involving Hookers. That's always good for a media circus!

[RTFirefly]

Yesterday afternoon, Jane Hamsher, Marcy Wheeler, and Jeralyn Merritt had a discussion on PoliticsTV, mostly about the pros and cons of Cheney and Libby taking the stand. It's about 9 minutes long, was informative (all three women have blogged extensively about the case, and Wheeler's published a book about it) and entertaining, and can be found here.

I'm disappointed that neither Shooter nor Scooter will take the stand, but I'm not at all surprised.

[Frank]

Originally Posted by Hamlet

But mostly I'm just pissed because I wanted Libby and Cheney subjected to cross examination by Fitzgerald. Bastards stole my fun.

Yeah, no shit. There goes the impeachment for perjury.

[RTFirefly]

Originally Posted by Squink

That is sad. However, today does have a sunny side, as the Cunningham/Wilkes/Foggo scandal just picked up indictments involving Hookers. That's always good for a media circus!

Will the circus be unbroken...?

[ElvisL1ves]

Don't juries tend to take a defendant's non-testifying as evidence of guilt?

[Hamlet]

Originally Posted by ElvisL1ves

Don't juries tend to take a defendant's non-testifying as evidence of guilt?

They are specifically instructed by the judge not to do that. The 5th Amendment of the Constitution guarantees the privilege against self-incrimination, which includes the decision not to testify in ones behalf.

That being said, I think the jury will be surprised that Libby won't testify about his "faulty memory".

[Captain Carrot]

If I were on the jury, I would be inclined to say "Oh, he's so busy and important and has so many responsibilities, he couldn't remember. Poor baby. "

[Gadarene]

I was looking forward to watching it from the well.

[Merijeek]

Originally Posted by Hamlet

They are specifically instructed by the judge not to do that. The 5th Amendment of the Constitution guarantees the privilege against self-incrimination, which includes the decision not to testify in ones behalf.

That being said, I think the jury will be surprised that Libby won't testify about his "faulty memory".

I heard this addressed on the radio today. Generally taking the Fifth isn't supposed to show guilt or but in regards to perjury it's generally seen as the opposite. According to what I heard anyway.

-Joe

[elelle]

A saddass setup for superior pardon down the line.

[Zoe]

Did I hear somewhere that Libby couldn't use the forgetfulness defense if he didn't testify?

[Merijeek]

Originally Posted by elelle

A saddass setup for superior pardon down the line.

Do you think there's a chance in hell of Libby serving a day past January 2009?

-Joe

[Hamlet]

Originally Posted by Zoe

Did I hear somewhere that Libby couldn't use the forgetfulness defense if he didn't testify?

The judge had said that earlier, and is expected to make a more detailed ruling about what will be allowed today. I'm guessing that it will come down to allowing defense counsel to argue he MIGHT have forgotten because of all this busy, busy stuff he had to go on, but not that he DID forget.

[BrainGlutton]

Originally Posted by Hamlet

That being said, I think the jury will be surprised that Libby won't testify about his "faulty memory".

Well, what's the point of examining him if he has a faulty memory?

[ElvisL1ves]

Originally Posted by Hamlet

They are specifically instructed by the judge not to do that. The 5th Amendment of the Constitution guarantees the privilege against self-incrimination, which includes the decision not to testify in ones behalf.

I know all that, but still, if that's the reason the judge gives in his instructions, is there really any way to avoid leaving them the impression that if he had testified, he would have shown his guilt? I don't see how. Juries are human.

[elelle]

Originally Posted by Merijeek

Do you think there's a chance in hell of Libby serving a day past January 2009?

-Joe

Nope. Presidental exit pardon; a stumble thumb nicked with an ill-used Boy Scout knife, a winking nod to the past honorable tradition of falling on the sword for one's country.

[Frostillicus]

Can a person really act as an effective chief of staff to the vice president of the United States if he has a poor memory.

VP Cheney: "Scooter, I told you to inform the president not to mention the African yellow-cake in his State of the Union address. What the fuck?"

Scooter Libby: "Oops."