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Context of 'February 13-14, 2007: Cheney, Libby Will Not Testify'

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Asked about the Libby trial by CNN anchor John King, Vice President Dick Cheney refuses to comment. “John, I’m not going to comment on the case,” Cheney says. “I may be called as a witness. Scooter Libby, obviously, one of the finest men I’ve ever known. He’s entitled to the presumption of innocence. And I have not made any comments on the case up ‘til now, and I won’t.” [CNN, 6/22/2006]

Entity Tags: Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, John King

Timeline Tags: Niger Uranium and Plame Outing

Lewis Libby’s defense lawyers inform the court that they intend to call Vice President Dick Cheney as a witness in Libby’s trial. “We’re calling the vice president,” says lead defense lawyer Theodore Wells. For his part, Cheney says he is willing to testify on behalf of his former chief of staff. “We don’t expect him to resist,” says another of Libby’s lawyers, William Jeffress. Apparently, the defense intends to have Cheney establish its contention that Libby was overworked and under strain dealing with critical national security issues, a condition it says led to Libby’s “inadvertent” lies and misstatements to the FBI (see October 14, 2003 and November 26, 2003) and the grand jury investigating the Plame Wilson identity leak (see March 5, 2004 and March 24, 2004). Law professor Peter Shane says Cheney’s willingness to testify is unuusal because of his aggressive efforts to keep the executive branch from being forced to disclose information about its workings. Cheney’s spokeswoman Lea Anne McBride says that “historians are entitled to their opinions, but the vice president has said from the very beginning that we’re cooperating in this matter and we will continue to do so.” [Associated Press, 12/19/2006; New York Times, 12/19/2006; Washington Post, 12/20/2006] Cheney told reporters in June that he “may be called as a witness” in Libby’s trial (see June 22, 2006). However, he will not testify in the trial.

Entity Tags: Richard (“Dick”) Cheney, Lea Anne McBride, Lewis (“Scooter”) Libby, Peter Shane, Theodore Wells, William Jeffress, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

An artist’s sketch of some of the proceedings in the Libby trial.An artist’s sketch of some of the proceedings in the Libby trial. [Source: Art Lien / Court Artist (.com)]A jury of nine men and three women, along with four alternates, is seated in the Lewis Libby perjury and obstruction trial, selected from an original jury pool of 60 prospects. The jury seating takes days longer than expected, in part because the Libby defense team works to block any jurors who state any disapproval of the Bush administration or its conduct of the Iraq war. Jurors are asked if they had ever applied for a job at the CIA, or know anyone who works for the agency. Some are asked if they know the meaning of the word “covert.” One prospective juror says: “A lot of what the CIA does is overtly covert.… My father was a Methodist minister. He didn’t run in those circles.” US District Judge Reggie Walton asks the potential jurors: “Mr. Libby is the former chief of staff and national security adviser of Vice President Cheney. Do any of you have feelings or opinions about the Bush administration or any of its policies or actions, whether positive or negative, that might affect your ability to give a former member of the Bush administration a fair trial?” Defense lawyer Theodore Wells tells one prospective juror, “There is a real possibility Vice President Cheney will be sitting in that chair,” indicating the witness stand. One potential juror responds, “I don’t have the highest opinion of him.” He continues that he has read a lot about the CIA leak case on Internet blogs and in the newspaper, and calls it “standard Washington politics.” After one potential juror tells the court that she voted for President Bush, Fitzgerald tells Walton that he is concerned the questions are getting too political. In the absence of the jurors, Fitzgerald says, “Now we’re finding out how people voted.” Defense lawyers say that because they intend to call Cheney to testify on Libby’s behalf (see December 19, 2006), they don’t want jurors who already dislike or distrust Cheney. [ABC News, 1/16/2007; Washington Post, 7/3/2007; BBC, 7/3/2007] Counsel’s opening statements take place a week after the jury members begin taking their places (see January 23, 2007 and January 23, 2007).

Entity Tags: George W. Bush, Reggie B. Walton, Richard (“Dick”) Cheney, Theodore Wells, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby

Timeline Tags: Niger Uranium and Plame Outing

Judge Reggie Walton rules that if Lewis Libby does not testify on his own behalf during his perjury and obstruction trial, the defense will be prohibited from presenting some of its evidence and arguments about his poor memory accounting for his lies and misstatements (see January 31, 2006 and January 24, 2007). The defense protests, leading some court observers to speculate that Libby may indeed not testify, though defense lawyers say no decision has yet been made as to his potential testimony. [Marcy Wheeler, 2/12/2007; New York Sun, 2/13/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007] Walton tells the defense that he feels he was misled, having been told all along that Libby would testify. “I didn’t think that was the landscape in which we were operating,” Walton says. The Washington Post calls Walton “irritated,” and the New York Times characterizes him as “annoyed.” [Marcy Wheeler, 2/12/2007; Washington Post, 2/13/2007; New York Times, 2/13/2007] Assistant prosecutor Debra Bonamici tells Walton that all of their filings regarding what classified information could be presented in open court were based on the assumption that Libby would testify: “The truth is we did assume that Libby was going to testify, and we did so because [the defense] asked us to assume that. Everything we did was based on the asumption and it would be fundamentally unfair to hold us to an agreement we made based on those assumptions.” [Marcy Wheeler, 2/12/2007] Walton says that unless Libby testifies, he does not plan to allow the defense to argue in its closing that the Valerie Plame Wilson issue was less important to Libby than other matters. Only Libby can testify to how important those issues were to him, Walton says. But, the Times writes, Libby’s lawyers do not want to expose him to cross-examination by prosecutor Patrick Fitzgerald. John Cline, one of Libby’s lawyers, says he hopes to introduce evidence of Libby’s busy schedule through testimony of his former top aide, John Hannah (see February 13, 2007). [Marcy Wheeler, 2/12/2007; Marcy Wheeler, 2/12/2007; New York Times, 2/13/2007] Former federal prosecutor Joshua Berman, who has worked with both Fitzgerald and lead defense lawyer Theodore Wells, says Wells often waits until the last minute to decide which witnesses to call. “I’ve heard him say, ‘I often make the decision [to call a key witness] that morning,” Berman says, and adds that Wells has been “thinking about it every single morning and night since the trial began.” [USA Today, 2/12/2007]

Entity Tags: Joshua Berman, John Cline, Theodore Wells, Debra Bonamici, Patrick J. Fitzgerald, Lewis (“Scooter”) Libby, Reggie B. Walton, John Hannah

Timeline Tags: Niger Uranium and Plame Outing

After days of back-and-forth indications (see January 16-23, 2007 and February 12, 2007), the defense lawyers for Lewis Libby announce that neither their client nor Vice President Dick Cheney, Libby’s former boss, will testify in Libby’s defense. Judge Reggie Walton asks Libby to confirm that he is giving up his right to speak in his own defense, prompting the only words he speaks in court: “Yes, sir.” [New York Times, 2/13/2007; MSNBC, 2/21/2007; BBC, 7/3/2007] Libby’s lawyers had previously announced that both Cheney and Libby would testify at the trial (see June 22, 2006 and December 19, 2006). The lawyers intend to question three CIA briefers, presumably those who briefed Cheney and Libby, before the court, but the prosecution argues that the CIA briefers should not be allowed to testify if Libby himself refuses to testify. Prosecutor Patrick Fitzgerald calls the defense tactic of promising Libby’s testimony, and then inserting other witnesses such as Cheney’s national security adviser, John Hannah (see February 13, 2007), and the CIA briefers in lieu of Libby’s testimony, a “bait and switch.” After exhaustive wrangling in front of the bench, Walton agrees, and the briefers do not testify. [New York Times, 2/13/2007; Marcy Wheeler, 2/13/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; MSNBC, 2/21/2007; BBC, 7/3/2007]

Entity Tags: Patrick J. Fitzgerald, Reggie B. Walton, Lewis (“Scooter”) Libby, Richard (“Dick”) Cheney, John Hannah

Timeline Tags: Niger Uranium and Plame Outing

With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts.With one exception, the jury comes to the courtroom wearing red Valentine’s Day T-shirts. [Source: Art Lien / Court Artist (.com)]The defense in the Lewis Libby trial (see January 16-23, 2007) rests after a speech by defense attorney John Cline, who tells jurors about Libby’s briefings on terrorist threats, bomb scares, insurgent attacks, and other issues. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; MSNBC, 2/21/2007]
Jury Intends to 'Act Independently' - In the spirit of Valentine’s Day, the jurors all enter the courtroom wearing identical red shirts with white hearts on the chests (one juror, an art historian and former museum curator, is not so attired). Juror 1432, whose name is not available to the press, stands up and says to Judge Reggie Walson, “We wanted to express our appreciation to you for our comfort and our safety thanks to the marshals.” The juror then adds: “This is where our unity ends.… We are committed to act independently… and base our decision on an independent basis.” Judge Reggie Walton calls the jurors “conscientious” and thanks them for their service. [ABC News, 2/14/2007; Associated Press, 2/14/2007; New York Sun, 2/15/2007] Court artist Art Lien predicts that the one juror who refuses to wear the red T-shirt will “surely [be] the likely holdout when it comes to a verdict.” [Art Lien, 2/14/2007]
Judge Denies Request to Recall Reporter - Walton denies a defense request to recall NBC reporter Tim Russert (see February 7-8, 2007). When Russert, who has a law degree, testified for the prosecution, he said he did not know that a witness could have a lawyer present during his testimony before prosecutor Patrick Fitzgerald (see November 24, 2003) and August 7, 2004). The defense has three video clips from Russert’s broadcasts during the investigation of the Clinton-Lewinsky affair that indicate he did know witnesses could have lawyers present. Russert was not forced to testify before the grand jury (see August 9, 2004), and the defense argues that he was given favorable treatment by special counsel Patrick Fitzgerald. Had Walton allowed the clips into evidence, he would have allowed the defense to recall Russert to explain the inconsistencies. “It does touch on his credibility,” Walton says. “His credibility, it seems to me, is crucial to this case. He’s probably, if not the most important, one of the most important witnesses.” Lead defense attorney Theodore Wells also argues that Russert misrepresented himself during the investigation, saying, “He went around the country telling people he was this great protector of the First Amendment,” when in fact he had cooperated with the probe. “It was totally kept out of the public record and Mr. Russert took great advantage of that.” But Walton eventually agrees with Fitzgerald, who says Libby’s attorneys already had five hours of cross-examination with Russert after 15 minutes of testimony, and because they were apparently unsuccessful in shaking his credibility, they want a “do over.” Fitzgerald says it does not matter to the case what Russert knew about grand jury procedure, and therefore he should not be recalled. Walton agrees, saying, “It’s a totally, wholly collateral matter.” [Associated Press, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]
Denies Request to Admit Classified Evidence - Walton also reiterates his refusal to allow Libby’s former CIA briefers to testify on his behalf (see February 13-14, 2007). Walton says he had decided to allow the defense to enter a large number of classified documents into evidence to prove Libby’s daily workload and bolster his “memory defense” (see January 31, 2006) because he understood Libby would testify in court and subject himself to cross-examination by the prosecution; since Libby is declining to testify (see February 13-14, 2007), Walton rules he will not allow the material to be entered into evidence. “This seeks to get Mr. Libby’s statement [that he did not lie about his knowledge of Valerie Plame Wilson’s CIA status, he merely “misremembered” it when testifying to the FBI and the grand jury] in through the back door without opening him up to cross-examination.… I just don’t buy that, counsel. I don’t think you can play coy by suggesting Mr. Libby is going to testify” and then hold the government to the deal without putting Libby on the stand. “It was absolutely understood from everything that was said to me that Mr. Libby was going to testify.” Defense lawyers should not be able to use the pretrial process for handling classified information to force disclosures based on a particular defense and then use that information in a different way, Walton says. “It’s too much of a game now. This is supposed to be about finding the truth. I won’t permit it.” The defense protests, saying the decision violates Libby’s Fifth and Sixth Amendment rights. Walton shakes his head in refusal and says, “If I get reversed [on appeal] on this one, maybe I have to hang up my spurs.” [ABC News, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; US District Court for the District of Columbia, 2/14/2007; Marcy Wheeler, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007; BBC, 7/3/2007]
Stipulation Read into Evidence - Before the defense rests, the lawyers read a stipulation (a statement of fact agreed to by both sides) from former FBI agent John Eckenrode, who led the FBI’s initial leak investigation (see September 26, 2003). Eckenrode’s statement focuses on a report he wrote concerning two occasions of his speaking to Russert about the leak (see November 24, 2003 and August 7, 2004). Russert testified during the trial that Eckenrode had contacted him to discuss statements in which Libby said he had learned about Plame Wilson from Russert (see February 7-8, 2007). Eckenrode’s statement says Russert told him he had one or possibly two conversations with Libby on or around July 10, 2003, but couldn’t remember all the details. Eckenrode stipulates that Russert “[d]oes not recall saying anything about the wife of Ambassador Wilson.… Although he could not rule out the possibility he had such an exchange, Russert was at a loss to remember it.” The defense hopes this statement helps bolster Libby’s “memory defense” (see January 31, 2006). [ABC News, 2/14/2007]
Testimony Phase Concludes - Fitzgerald does not call rebuttal witnesses, merely reading a brief rebuttal statement noting that Plame Wilson had worked at the CIA’s Counterproliferation Division (CPD) at CIA headquarters in Langley, Virginia. Walton then tells the jury, “All of the evidence has now been presented in this case.” The defense rests its case after only two days of witness testimony over three days, whereas the prosecution’s case spanned 11 days. [CBS News, 1/25/2007; ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007]
Defense Lawyer Says Decision for Libby, Cheney Not to Testify Was His Own - After the jury is dismissed for the day, Wells tells the judge that it was his decision not to have either Libby or Vice President Dick Cheney testify (see February 13-14, 2007). “It was my recommendation,” he says. “I had the vice president on hold right up to the last minute. [H]e had his schedule open.” Wells says the defense began to reverse its initial intention to put Libby on the stand when the government turned over evidence that could undermine the testimony of some prosecution witnesses. He cites the grant of immunity to former White House press secretary Ari Fleischer, another Plame Wilson identity leaker (see February 13, 2004). “The canvas and the landscape radically changed” after the defense learned more about the government witnesses, Wells says. The defense does not believe the prosecution has proved beyond a reasonable doubt that Libby perjured himself before FBI investigators and a grand jury. Wells says: “There’s no box on the verdict sheet that says ‘innocent’ or ‘you didn’t tell the whole story.’ The box says ‘guilty’ or ‘not guilty.’” Ultimately, Wells says, “We have to make decisions on our client’s best interest.” The trial now moves to closing arguments and then jury deliberations leading to a verdict. [ABC News, 2/14/2007; Marcy Wheeler, 2/14/2007; New York Sun, 2/15/2007]

Entity Tags: Art Lien, Ari Fleischer, John Cline, Valerie Plame Wilson, Tim Russert, John Eckenrode, Richard (“Dick”) Cheney, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald, Reggie B. Walton, Theodore Wells

Timeline Tags: Niger Uranium and Plame Outing

Columnist Byron York, writing for the conservative publication National Review, explains to readers why neither former White House official Lewis Libby nor Vice President Dick Cheney testified during Libby’s trial on perjury and obstruction charges (see February 13-14, 2007). York says that once the decision was made for Libby not to testify, there was no reason for Cheney to testify. “The vice president would likely have testified about Libby’s state of mind in May, June, and July of 2003, when the Bush administration’s case for war in Iraq was under attack by former ambassador Joseph Wilson,” York writes. “The Libby defense has maintained that he, Libby, was tremendously busy at the time and might well have forgotten about the particulars of how he learned, and then forgot, about the identity of Valerie Plame Wilson. With Libby not testifying, it followed that Cheney wouldn’t either.” York then addresses the decision to keep Libby off the witness stand. For York, the question was not whether the jury needed to hear Libby talk about his role in exposing Valerie Plame Wilson as a CIA official, but whether the jury needed to hear it again, after listening to eight hours of Libby’s grand jury testimony (see February 5, 2007 and February 6, 2007). “[B]y the time Libby had to decide whether to testify,” York writes, “the jury had already heard a lot of Lewis Libby testifying.” It had also heard audio of special prosecutor Patrick Fitzgerald quizzing Libby. York writes: “Libby’s defenders are betting that jurors took from those recordings an impression not only of the defendant but of the prosecutor. And the impression that Libby’s supporters hope jurors will have is that of a prosecutor trying too hard to find a crime where there was none.” What jurors did not hear during those hours of audio evidence, York notes, was Fitzgerald asking Libby about former Deputy Secretary of State Richard Armitage’s leak of Plame Wilson’s CIA identity (see June 13, 2003). York concludes: “[T]he entirety of Fitzgerald’s grand jury questioning might leave jurors with a more nuanced impression: that of a prosecutor who had received faulty information, or incomplete information, from other witnesses and who looked to Libby—and not those who had omitted or failed to remember key acts during their testimony—as the suspected criminal. The grand jury tapes reveal a prosecutor who had had sand thrown in his eyes—to use Fitzgerald’s famous image—but it had not been thrown by Lewis Libby.” [National Review, 2/15/2007]

Entity Tags: Richard Armitage, Bush administration (43), Byron York, Richard (“Dick”) Cheney, Joseph C. Wilson, Valerie Plame Wilson, Lewis (“Scooter”) Libby, Patrick J. Fitzgerald

Timeline Tags: Niger Uranium and Plame Outing

Accuracy in Media logo.Accuracy in Media logo. [Source: Accuracy in Media] (click image to enlarge)Roger Aronoff writes a press release about the Lewis Libby trial for the conservative media watchdog organization Accuracy in Media (AIM). Aronoff agrees with the defense’s decision not to allow Libby or Vice President Dick Cheney to testify (see February 13-14, 2007), calling the prosecution’s case “surprisingly thin” and noting that the defense’s goal is to get Libby acquitted, “not put on a show for [MSNBC news pundits] Keith Olbermann, Chris Matthews, and the left-wing blogs.” Aronoff castigates the mainstream news media for being too aggressive in reporting on the Valerie Plame Wilson identity leak and the accusations of White House involvement, saying instead that the media was not only sloppy and imprecise in its reporting, but it should have been far more willing to present the government’s assertions that it was merely defending itself against unfounded allegations by “left-wing” war critic Joseph Wilson (see June 2003, June 3, 2003, June 11, 2003, June 12, 2003, June 19 or 20, 2003, July 6, 2003, July 6-10, 2003, July 7, 2003 or Shortly After, 8:45 a.m. July 7, 2003, 9:22 a.m. July 7, 2003, July 7-8, 2003, July 11, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, July 18, 2003, October 1, 2003, April 5, 2006, and April 9, 2006). Aronoff accepts the defense’s argument that Libby knew of Plame Wilson’s identity from Cheney, forgot it, and “relearned it” from NBC reporter Tim Russert, thereby rendering charges that he perjured himself in his FBI and grand jury testimonies groundless (see February 6, 2007). Aronoff attacks the journalists who testified about their contacts with Libby, and saves his heaviest criticisms for Russert, whom he says was “embarrassed” by what Aronoff says was the destruction of his credibility during cross-examination (see February 7-8, 2007). Aronoff concludes that special counsel Patrick Fitzgerald “scapegoated” Libby because of Fitzgerald’s inability to bring charges against anyone for the actual leak of Plame Wilson’s identity, and expects Libby to be either acquitted or the jury to “hang,” causing a mistrial. But the trial was really about giving “left-wing” media critics such as Matthews “a vehicle to once again claim that the war was based on lies and misrepresentations. This trial was to be their chance to further undermine the Bush administration.” [Accuracy in Media, 2/16/2007]

Entity Tags: Patrick J. Fitzgerald, Bush administration (43), Accuracy in Media, Chris Matthews, Lewis (“Scooter”) Libby, Joseph C. Wilson, Roger Aronoff, Keith Olbermann, Richard (“Dick”) Cheney, Tim Russert

Timeline Tags: Niger Uranium and Plame Outing

Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on.Defense lawyer Theodore Wells makes his closing argument to the jury, as Judge Reggie Walton looks on. [Source: Art Lien / Court Artist (.com)]Defense lawyer Theodore Wells makes his team’s closing argument in the Lewis Libby perjury and obstruction trial. Wells is following a two-hour closing argument by assistant prosecutor Peter Zeidenberg (see 9:00 a.m. February 20, 2007). [Marcy Wheeler, 2/20/2007; MSNBC, 2/21/2007]
Indignation - Wells begins by saying he finds Zeidenberg’s arguments so incredible, he thinks he might be drunk. “[I]t sure sounded like I said a lot of things I could not deliver on,” he says. Court observer Marcy Wheeler, notating the arguments for the progressive blog FireDogLake, writes that while Zeidenberg came across as dispassionate and methodical, Wells’s tone is indignant and charged with emotion. In her book Fair Game, former CIA official Valerie Plame Wilson later describes Wells’s demeanor as “over the top, emotional… stalking the courtroom and changing the pitch and cadence of his voice like a seasoned Baptist preacher.” Wells says he will refrain from besmirching Zeidenberg’s character over some of the claims made in his argument, “because I don’t want to be personal.” Wells says that in the grand jury proceedings where Libby allegedly lied under oath (see March 5, 2004 and March 24, 2004), lawyers asked “the same question time after time after time,” causing Libby to stumble and misstate himself. [Wilson, 2007, pp. 293; Marcy Wheeler, 2/20/2007]
Revives Claim of Libby Being 'Scapegoated' - Wells denies claiming the existence of a White House conspiracy to “scapegoat” Libby in his opening statement (see January 23, 2007), saying he instead merely put into evidence the so-called “meat grinder” note from Vice President Dick Cheney that asserted it would be unfair to protect White House official Karl Rove and sacrifice Libby (see October 4, 2003). (Wells is misstating the contents of the note; it does not mention Rove at all.) Instead of lying, Wells says, Libby was “fight[ing] to get clear,” fighting to save his credibility after White House officials “blew him off.”
'He Said, She Said' - Wells asserts Libby’s complete innocence of all the charges brought against him, and says the entire body of evidence amounts to nothing more than a case of “he said, she said,” indicating that witnesses contradicted and disputed one another. Libby’s recollections, Wells says, are different from those of the reporters who testified for the prosecution. None of the charges pertain to Libby’s conversations with the White House officials who testified for the prosecution. The question hinges on whether Libby lied about his conversations with reporters Judith Miller, Matthew Cooper, and Robert Novak. One of the charges, hinging on Libby’s statements about his conversation with Miller, is no longer in contention. Of the conversation with Cooper (see 2:24 p.m. July 12, 2003), Wells says Libby was truthful when he told Cooper he “didn’t know” whether Plame Wilson was a CIA official or not. The evidence supports Libby’s position, Wells says.
Tim Russert - Wells turns to NBC reporter Tim Russert, whom Libby claimed told him about Plame Wilson being a CIA official (see July 10 or 11, 2003). Russert either lied under oath, Wells says, or had a major memory lapse. Because of what Wells calls Russert’s contradictory testimony, that “in and of itself is reasonable doubt,” and grounds for acquittal. The prosecution is flatly wrong in its timeline of events. It is almost certain Russert read Robert Novak’s column naming Plame Wilson as a CIA official on July 11, 2003, after it was issued on the Associated Press wire (see July 11, 2003), and informed Libby of that fact during their conversation shortly thereafter. Perhaps Russert merely misremembered the dates or the events of his discussion with Libby, Wells says, but his testimony was wrong. “You cannot convict Mr. Libby solely on the word of this man,” he says. “It would just be fundamentally unfair.” [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007]
Presumed Innocent - Wells admonishes the jury not to forget that Libby is presumed innocent until proven guilty beyond a reasonable doubt. Libby didn’t testify (see February 13-14, 2007) because the defense is not required to prove the innocence of the accused. The only question, Wells states, is whether Libby is guilty beyond a reasonable doubt. Did the government prove that guilt beyond a reasonable doubt? Wells says no. He then ticks off the five counts of criminal behavior that Libby is charged with, and links each one of them to either Russert, Cooper, or both. In the instances of both reporters, Wells says, there is doubt as to their recollections and therefore doubt as to whether Libby lied about his conversations with them. Wells calls it “madness… that someone would get charged with this.” If Libby misstated himself, Wells says, he did so with good intentions, with a good-faith effort to tell the truth. There was no “deliberate, purposeful intent to lie.” Wells walks the jury through his version of events, which he says proves Libby told the truth to the best of his ability throughout. [Marcy Wheeler, 2/20/2007]
Jeffress - William Jeffress, another defense attorney, takes up the defense’s closing argument after lunch. Wheeler writes that his demeanor is far calmer and reasonable than Wells’s emotional presentation. Jeffress says that common sense alone should lead the jury to find that Libby either told the truth as he understood it or merely misremembered as an honest mistake. The case, he says, is about memory first and foremost. Libby may have misremembered, Jeffress says. The reporters who testified may have misremembered. It is plausible to think that Libby learned of Plame Wilson’s CIA status in June 2003, told some government officials, then in the crush of events, forgot about it until July, when he learned it again from Russert. Jeffress walks the jury through a timeline of how reporters learned of Plame Wilson’s identity from various government officials other than Libby, and says some of them, particularly former press secretary Ari Fleischer, may well have lied under oath to cover themselves (see January 29, 2007). Jeffress plays selections from Libby’s grand jury testimony to bolster his arguments about the various reporters learning of Plame Wilson’s identity from other officials.
Motive to Lie? - Libby had no motive to lie, Jeffress asserts. He was never charged with violating the statutes covering the exposure of a covert intelligence agent (see May 10, 2006). No one has testified that they knew without a doubt that Plame Wilson was covert, though the prosecution implied it more than once. If newspaper articles claimed that Plame Wilson was covert, those articles cannot be taken as factual; many articles and op-eds asserted that Plame Wilson was never covert. “It remains far from clear that a law was violated.” And Libby had no way to know that Plame Wilson was herself covert. No one, not Libby or any other government official who exposed Plame Wilson’s identity, lost their job over exposing her CIA status.
Judith Miller - Jeffress again turns to the issue of reporters’ credibility, beginning with Miller. Her testimony (see January 30-31, 2007) was, he says, marred with mistakes and failures of memory, even going so far as testifying, when she spoke to the grand jury, that she had not learned of Plame Wilson’s CIA status from Libby (see September 30, 2005), and then reversing that claim in subsequent testimony (see October 12, 2005). “Pretty amazing, a person testifying about this after not remembering for two years,” Jeffress observes. As Libby kept no notes of his conversations with Miller, he has only his word to refute her claims. Miller, Jeffress says, is an unreliable witness.
Matthew Cooper - Jeffress, who is running out of time for his portion of the close, turns to Cooper. The difference between Libby’s recollection of events and Cooper’s is, Jeffress asserts, the difference that the government wants the jury to convict on three separate charges. Yet Cooper never wrote about Plame Wilson until after her status was made public. Libby did not serve as a source for his reporting (see July 17, 2003). And as with Miller, Cooper’s testimony proved his failure to keep accurate notes (see January 31, 2007).
Cathie Martin - Jeffress moves quickly to address the testimony of Cathie Martin, then a communications aide to Cheney (see January 25-29, 2007). Martin testified that Libby’s version of his telephone conversation with Cooper was incorrect, and as she was there for the conversation, her testimony is accurate. However, Martin misremembered the number of calls made (two, not one) and did not hear Libby’s side of the conversation accurately. She had no way to know what Cooper was saying on the other end.
Jeffress Concludes - Jeffress concludes by telling the jurors that they are the first people to examine the case “through the lens of a presumption of innocence.” The prosecution, he says, has not proven the charges beyond a reasonable doubt. “It’s not even close.” [Marcy Wheeler, 2/20/2007]
Wells Continues - Theodore Wells once again addresses the jury. He has less than an hour to finish. He refers back to the “meat grinder” note from Cheney that proves, Wells says, Libby did not leak classified information (see June 27, 2003, July 2, 2003, 7:35 a.m. July 8, 2003, (July 11, 2003), July 12, 2003, July 12, 2003, and Late Afternoon, July 12, 2003). Wells also revisits his claim that Libby was “left out to dry” by other White House officials. He disputes the timeline of events from the prosecution, again attacks the credibility of prosecution witnesses such as Russert and Fleischer, and calls the prosecution’s evidence “circumstantial” and unconvincing. He even disputes that Libby was involved in any effort to discredit Joseph Wilson, or that there even was an effort among White House officials to do so. As he reaches the end of his time, Wells’s demeanor once again begins to exhibit agitation and indignation, and he calls the idea that Libby, whom he says devoted himself to serving the Bush administration, committed a crime in that service “outrageous.” He revisits the contention that Libby’s memory was faulty and failed him at inopportune times, calls the courtroom a “laboratory of recollection,” and asks the jurors if they can emphathize with Libby’s forgetfulness. He reminds the jury of former Cheney aide John Hannah’s claims to that effect, and his testimony to Libby’s stressful job (see February 13, 2007). Libby, Wells says, deserves the “benefit of the doubt.” Wells admits that Libby “made mistakes” in his grand jury testimony, but those mistakes were honest “misrecollect[ions].” During his final minutes, Wells becomes emotional, breaking into tears and imploring the jurors not to sacrifice Libby because they might disapprove of the Bush administration or the war in Iraq. “This is a man with a wife and two children,” he says. “He is a good person. He’s been under my protection for the past month. I give him to you. Give him back! Give him back to me!” Wells sits down, sobbing. [Marcy Wheeler, 2/20/2007; Associated Press, 2/20/2007; Washington Post, 2/21/2007; New York Sun, 2/21/2007]

Entity Tags: Lewis (“Scooter”) Libby, Ari Fleischer, Marcy Wheeler, Catherine (“Cathie”) Martin, Judith Miller, John Hannah, William Jeffress, Karl C. Rove, Tim Russert, Matthew Cooper, Richard (“Dick”) Cheney, Robert Novak, Theodore Wells, Peter Zeidenberg, Valerie Plame Wilson

Timeline Tags: Niger Uranium and Plame Outing

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