Ted Wells, lead attorney for Scooter Libby just announced that it was decided at lunch today that neither Vice President Cheney nor Libby will testify in Libby's perjury trial. Judge Reggie B. Walton has announced that closing arguments are expected by Tuesday.
The defense's next move depends on an extended legal argument going on now about evidence that the defense wants to introduce in evidence about Libby's state of mind during the summer of 2003. This is part of an effort to support team Libby's "memory defense" -- the contention that any misstatements that Libby might have made to the FBI and the grand jury were the result of his being overwhelmed by his work responsibilities, not dishonesty.
This morning, the vice president's national security adviser, Jack Hannah, testified at length about hs understanding of Libby's wide-ranging responsibilities between 2002 and 2004. The defense also wants to introduce testimony about CIA briefings that Libby received during that time.
The prosecution argues that this level of detail about Libby's responsibilities contradicts the agreement made before the public trial began. Prosecutor Patrick Fitzgerald contended that while jurors will likely learn that Libby received information that they might find overwhelming, they would know nothing about how it affected Libby, who is a seasoned government official. Without Libby's testiony, Fitzgerald said, there would be no way of knowing that.