Judge: Defense Misled Court About Libby

[133724]

WASHINGTON 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.

<snip>

Special Prosecutor Patrick Fitzgerald agreed to tell jurors about the terrorist threats, war planning and other secret issues that Libby faced at the time. The prosecutor said that he agreed to do this on the condition that he could cross-examine Libby at some point on just how seriously he considered these threats.

When defense attorneys abruptly announced Wednesday that Libby no longer planned to testify, however, Fitzgerald said that jurors hearing the case therefore should not be given a prewritten statement about Libby's briefings.

<snip>

"My absolute understanding was that Mr. Libby was going to testify," the judge said. "My ruling was based on the fact that he was going to testify."

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.

http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1003545934

ooooops

[napi21]

1. Hmmm, pissing off the judge AGAIN huh? That's really not a good

thing to do! Someone should have told Wells!

[seemslikeadream]

2. OOOOOOPS!

[LSparkle]

3. I wonder if Wells didn't know all along they'd lose ...

He said early on "we're building a record here" ... Maybe he didn't like the judge or the jury or ... something, but he knew that he'd just let Libby lose this one and go on for an appeal (?).

Otherwise, I don't understand why Wells has such a great reputation -- it seemed like the defense he put on in this case was pretty lame.

[Cerridwen]

5. You echoed my thoughts

I wonder if Wells has been planning to try this case in the appeals court rather than before a jury?

[Horse with no Name]

7. Is that why the defense part was so shallow?

I was thinking he was going to let Libby appeal on the grounds that he had an incompetent attorney.

[Cerridwen]

10. I'm no legal expert nor am I a 'Plameologist" as many here are.

What I did notice several times, was wells making statements during the trial that sounded as though he was adding them to a list of reasons for appeal. I wish I could think of something specific he said - I didn't save the posts in which his words were quoted.

Just an overall feeling of wells not working very hard to defend libby during the trial.

I bet some more knowledgeable people will chime in, though.

[Richard Steele]

14. I don't think that actually "mounting a defense" was ever their real intention.

I suspect that their true "game plan" is simply to drag
out the process until the Li' DictatorTot pardons Libby
on his last day in office.

[Missy Vixen]

4. A shout out to Judge Walton!

"Staking his reputation on the decision"? Whomever appointed him is immaterial -- he WANTS to do the right and fair thing in this trial.

:woohoo:

Julie

[me b zola]

6. Never a good thing to mess with the judge

But creeps who think that they are above the law don't understand that.

[Beetwasher]

8. Yeah, They Were Fucking Around And Trying To Play Headgames W/ The Judge and Prosecutor

As if the The Judge is some kind of moron they could pull a fast one over. Or as if Fitz was some kind of moron they could play a fast one over. The Defense team should be drawn and quartered for pulling this sort of bullshit. I don't know if they thought they could actually get away with this or not, but I'm now leaning towards thinking they knew they couldn't get away w/ these shenanigans and were always banking on appealing.

[Kagemusha]

9. After Wells begged the judge re: his good faith after the jury was gone

Walton apparently said that he didn't mean to imply that Wells had intentionally misled him (the judge) on these matters, in response to the AP article. Note that intentional misling would be highly unethical. That's not what the judge said.. it's just what a reasonable person might infer from what the judge DID say, which is that (intentionally or not) he made a long series of judicial rulings on a basis that the defense team altered by its own choice, and then tried to retain all the benefits to the defense in those rulings, while skipping out on all of the costs.

Which is not fair.

[Supersedeas]

11. WHATEVER happened to the Libby was scapegoated defense???

[global1]

12. Therein Lies The Basis For The Libby Appeal......

".....he blocked Libby from using some classified evidence in the case."

[elmerdem]

13. not to be a negative nilly

but democracy is screwed on the appeal. This administration has stacked the courts.

[in_cog_ni_to]

15. I wish the Judge could order him to testify.

I KNEW Libby and Cheney would never have the balls to get on the stand. Yellow-bellied chickenhawks.

[stop the bleeding]

16. pissed off or not

the jury is what really matters in this case, not to make light of the incident from today, but y'all know what I mean.

[sutz12]

17. Libby was always doomed....he's a sacrificial lamb anyway...

He's the 2000's version of Ollie North. He'll spend a few months in the country club and then hit the talk circuit.

[NI4NI]

18. Let Libby appeal if found guilty,

then let him keep on appealling until after the '08 election and no Reputz presidential pardon, unless Chuckle Nutz decides to interfere before then in the same on-going court case that he can't talk about today.
But IMO, now without Libby and Darth Vader not going to be called by the defense lawyer, the fix is in, and the pardon is already signed.

Score another point for the bad guys.

[troubleinwinter]

19. My question is:

Should libby be convicted, does Judge Walton have the option to send Libby to prison pending appeal?

Or does libby automatically go golfing until the appeal is complete?

Seems that most convicted criminals go to jail and wait years for an appeal, but the Enron types play tennis for a coupla years while awaiting appeal.