Judge Jumps Ugly on Libby Defense

[DeepModem Mom]

WP: Bench Conference, by Andrew Cohen
Libby's Judge Jumps Ugly on the Defense

The perjury and obstruction trial of former White House aide I. Lewis "Scooter" Libby took another extraordinary turn today when the trial judge in the case, U.S. District Judge Reggie Walton, scolded the defense for deceiving him into thinking that Libby would testify in his own behalf. The Associated Press' Matt Apuzzo put it this way in his lead sentence: "Defense attorneys misled the court into thinking that former White House aide I. Lewis 'Scooter' Libby would testify in his CIA leak trial, a federal judge said Wednesday, as he blocked Libby from using some classified evidence in the case."

Apuzzo continued: "Walton appeared upset and seemed to stake his reputation on the decision. Libby's attorneys indicated they would appeal the decision if Libby is convicted. 'If that's what the Supreme Court is going to say (in any ruling on an appeal), they might as well say the government's not entitled to a fair trial and the defendant is,' Walton said. 'I think both sides are entitled to a fair trial. If I get reversed on that, maybe I need to hang up my spurs.'

Whoa, Nellie. Another bad sign for Team Libby. The judge had told them before trial that he would allow into evidence for the defense classified information about some of the pressing national security matters that Libby had on his mind during L'Affair Plame because, he was led to believe, prosecutors would have the opportunity to cross-examine Libby about those matters once he was on the witness stand. No Libby on the witness stand. No classified evidence. And, in my opinion, very little chance for reversal on appeal. It's another bad day for the defense.

http://blog.washingtonpost.com/benchconference/2007/02/libbys_judge_jumps_ugly_on_the.html

[kenny blankenship]

1. If you're on trial for PERJURY and OBSTRUCTION it's probably not such a good idea

to renege on an agreement you made with the judge and prosecuting attorney. Looks bad.

[Kagemusha]

2. The jury will never see it

The appeals court will, obviously. But the jury was very carefully kept from seeing this mess.

[kenny blankenship]

4. That's a shame. It would clarify things wonderfully.

Deliberately throwing a wrench into legal proceedings...
Going back on your word on an agreement with a Federal Judge...

That's the essence of the charges against Libby confirmed right there. It reveals Libby as a liar and a cheat, which is what the perjury and obstruction charges come down to. If he would lie to and try to cheat a Federal Judge, he would surely do the same to FBI investigators and a Grand Jury.

[Beetwasher]

9. The Jury Knows

They know Libby didn't testify and they know he SHOULD have. They will know something funky's going on unless they are complete morans.

[napi21]

13. I THINK, in his opening statement, Wells said "You will hear from Mr. Libby ....

we will show heis being scapegoated to protect Rove!"

The jury has already been told THEY WILL HEAR FROM MR. LIBBY! It doesn't look likea bunch of moronson that jury either. I hope Wells is prepping Scooter on what to expect in prison!!!!!

[Kagemusha]

14. You are correct. The judge will say, doesn't mean Libby's guilty

But it does mean Libby's defense relies on the thin and unsatisfying defense that has been presented without Libby's testimony. A thin defense is no proof of innocence.

[kenny blankenship]

15. If Libby's counsel promised that the jury would hear from Mr. Libby

and they do not end up hearing from Libby, wouldn't it be fair game for Fitzgerald to at least remind them that the defendant's testimony was promised but never produced?

[Kagemusha]

16. We'll find out, perhaps as soon as today (Thursday)

If it'd seem prejudicial for Fitz to do that then the judge wouldn't allow it but, that's an issue of trial law that I haven't seen enough of to be able to vouch for on my own. I'm curious too.

Elsewhere on this thread I realized midway through a post that Wells claimed that the legal landscape changed for Team Libby in late December and made it much less likely that Libby would take the stand. If that was the case, why build the expectation that Libby would do so?...

Incidentally, I'm not sure offhand if Wells said Libby would actually take the stand, or just that Libby had a story to tell. These are good questions and I'm looking forward to their being worked out in a court of law.

[ray of light]

3. i'm more appalled the more I learn about this!

[aquart]

5. What defense? I'm still waiting to see a defense.

Oh, I hope Libby's little fund is socked with big bills for this crap.

[Bucky]

6. Another sign you're guilty is when your lawyer won't put you on the stand.

Of course it would be legal suicide for Libby to go on the stand and face cross. But what jury won't convict at this point, now that it's clear his lawyers don't want him nose to nose with Fitz?

[Kagemusha]

8. Now this, the jury sees.

Wells said he spoke for Scooter Libby during the opening statement, and said that Libby had a story to tell and the jury would hear it.

And that ain't happening.

They can argue all they want that what changed th.. ...Wait a minute.

The story that Wells is putting out is that they didn't see that Libby probably wouldn't testify until late December when they got all the 'Jencks material' (sp) showing all the govt witness statements. That's still weeks before opening statements.

So Wells just continued to keep everyone deceived that Libby would probably testify, but they'd done the 2.5 months of CIPA hearings in good faith up to late December? They just sought to take advantage of the benefits of that good faith in the same manner as if that faith had been bad because hey, that's full defense?

Geez.

[Beetwasher]

10. I Can Guarantee The Jury's Got A At LEAST A Whiff Of These Shenanigans

The KNOW Libby SHOULD have testified. Don't think for a minute this won't be on their minds no matter HOW they are instructed.

[karlrschneider]

12. In this case, it's more of a sign his old Boss is guilty, IMO.

...

[Rex]

7. Well well well.

Bet that Iran timetable just moved up to the burner. Someone keep an eye on Cheney. If he heads for the bunker, we're fucked.

[halobeam]

18. well he's definetely heading for out of country....

Feb. 19th and I believe that Bush will be out of the country then too. Who knows with this bunch. Could mean nothing, could mean everything. I don't try to figure them out anymore.

[Rex]

22. I hear ya, I've given up trying to figure them out too.

They're evil, that much I know.

[lonestarnot]

11. Dear Deep Modem Mom. This info

is on the greatest page #2 or 3. :woodamnwhoo:

[KharmaTrain]

17. Was Team Libby Admonished In Front Of The Jury?

I haven't seen if they were present in the room when Walton made his statement. If so, Team Libby is toast. While a juror may develop feelings one way or another over an attorney, the judge is the "tour guide"...the one the jurors look to for guidence in the process. If they see his frustration and heard this, you bet this is gonna be a big deal in the jury room.

[DeepModem Mom]

21. Kagemusha says in a post above that the jury didn't see --

and has more info in other posts.

[radfringe]

19. from what I've been able to figure out regarding the defense

- Libby had a bad memory, but only one witness testified that libby was sometime a scatterbrain

- Libby has alot on his mind, but we don't know what because it's classified and won't be allowed into evidence because Libby won't take the stand

- A couple of reporters testified they heard about Plame from someone other than libby -- ok so Libby didn't talk to every freaking reporter in the world, he did blab it to other reporters and who knows how many other "white house" people. It was blabbed around enough so it became 'common knowledge' - at least among the media and white house people

- Libby was scapegoated to protect rove. Where's the proof? Cheney didn't take the stand to verify he was aware of the scapegoating and was taking steps to protect Libby. Rove didn't testify that scapegoating was to save his butt.


:sarcasm: gee, the defense sure has me convinced....

[Ganja Ninja]

20. Lets face it both the defense and the appeal will be half assed

at best. The Libby team knows in the end Bush will pardon him and the real goal is to drag out the process for as long as possible. They would like nothing better then for the judge to declare a mistrial.