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Libby jury selection: Will a witness contradict Cheney's testimony?

Posted: Thursday, January 18, 2007 4:40 PM by Hardball

This is day #3 in jury selection for the Scooter Libby trial.  And today’s session began with Scooter Libby’s top lawyer SUGGESTING that Vice President Cheney’s expected testimony in this case MAY be contradicted by another witness.  Despite all of the pre-trial filings, documents, and evidence released...this is the first time such a suggestion has been made in the CIA leak case.

During the questioning of a potential juror who called the Iraq war “a tremendous mistake” and said she felt “betrayed by the war,” Libby’s attorney questioned the woman about her views of Vice President Cheney.  A juror can not serve on the panel if his/her views on the war or views of any administration official would inhibit the juror’s ability to examined evidence, testimony, and a verdict “fairly.”   Regarding the vice president, the woman said, “I think he’s been instrumental in enacting some policies that have damaged our country.”  She then said she could still be “fair” in this case and listen only to the evidence presented in court.  Libby lawyer Ted Wells then said, “Vice President Cheney will be a witness in this case.  If his testimony is contradicted by another witness, who you don’t know or have no feelings about, would your feelings about the vice president make it difficult for you to fairly evaluate the credibility of the vice president?”


What was Libby’s lawyer referring to?  Is there a witness who will undermine the Vice President?  Is Wells expecting a battle royal between prosecutor Fitzgerald and Vice President Cheney when Cheney is cross examined and suggests he may not “remember” issues related to the Wilsons and the leak of Valerie Wilson’s identity?

Lawyers in this case are under a court order from the judge not to talk with reporters or answer reporter questions.  So, we may not know, until Cheney testifies, whether Libby’s lawyer was raising a HYPOTHETICAL with a possible juror to evaluate whether that juror can be fair... or whether there will be a witness in this case who will contradict the vice president’s expected testimony.  

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There's a very obvious likely candidate: Cathie Martin. As I point out in this blog post... http://thenexthurrah.typepad.com/the_next_hurrah/2006/12/a_really_good_r.html ..there were three participants in the July 12 conversation on AF2--Libby, Cheney, and Martin. By all accounts Martin will testify there were some incriminating things said in that conversation. The only way to discredit Martin (and therefore make Libby's alleged Cooper lie logical) is to have the third participant--Cheney--say she was wrong. Also note, Martin was a witness to Libby's side of the Cooper conversation, so discrediting her is important for more than just the July 12 conversation--if jurors believe her, there are at least 2 witnesses that Libby lied about the Cooper conversation.
Thank you for blogging this for us! According to the poster emptywheel at FireDogLake (who has a book on the subject coming out very soon) the witness in question is likely to be Cathie Martin. (see here, at comments 147 and 181: http://www.firedoglake.com/2007/01/18/libby-live-blogging-all-aboard/#comments)
Wouldn't Cheney and his lawer's welcome a jurorist with some mixed feelings about Cheneys role in the cover-up? If the verdict came in guilty for Liby, his lawers would only have to say impartial and the case could go on and on.
David, despite its specificity to Cheney,that question to the juror sounds to me like the kind of question a lawyer might ask any prospective juror during voir dire. Was this the first time it was asked in this trial?
The time wasted on this political trail would be better served on solving our immigration problem as this will lead to nowhere and who really cares one or the other.
dang... finding someone that doesn't have bad feelings for darth cheney is going to be HARD!
Thank you for your insightful reporting. There are a lot of people who look forward to watching you on MSNBC, and then discussing you reports, on the Democratic Underground's "Plame Threads."
Libby and Cheney will lie. How to prove it?
There will undoubtedly be serveral witnesses whose testimony will raise more questions that will undoubtedly be asked. Despite all the scripting that has been done, expect for the intangible to take place. I'm virtually certain that behind the scene deals have been made that may prove unprofittible for either the defence or prosecution or both. In the end I suspect Libby will do 18mo. to 3 yrs.
I for one have very little faith in these tpye of investagations. In the event that they find Libby guilty, and then what. Do you go on and find the rest of the guilty parties? Do you actually send Mr. Libby to real jail? Or will all this be just a Wash Job, so as to get it off the news?
At the end of the trial it will show thay Cheney did give the order to leak the information. Scooter libby is just a pawn to take the fall. Don't go hunting with Cheney, remember that staff members.


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