An AP report posted at Time a few hours ago bears out what I've been hearing on the radio all day during a trip to town. Things are not looking good for Irv Lewis Libby. At least that's how I read the defense's apparent decision not to let him testify. If he doesn't testify (to avoid self-incrimination) he can't use the "oops-I-forgot" defense.
And it looks as though Cheney will not be testifying after all. Defense doesn't want him to testify when they realize their client's goose is cooked? Maybe.
Attorneys appeared even less committed to calling Libby. For months, they said Libby planned to testify and used that assertion to get access to a series of classified documents, such as his morning CIA briefing topics, so that they could be entered into evidence. "We emphasize at this point that Mr. Libby has not decided whether he will testify," lawyers wrote Monday night. Special Prosecutor Patrick Fitzgerald has raised the possibility that Libby was throwing the court a head fake: promising to testify to win access to classified evidence, then quickly veering away from witness stand.
