Judge In Plame Case: Libby's Prospects Could Have Been Improved If CHENEY Had Taken The Stand.

[kpete]

Judge Walton: Testimony by Cheney may have helped Libby's acquittal prospects
Libby trial judge writes memorandum outlining reasons behind decisions on evidence

WASHINGTON (CNN) -- The judge in the criminal trial of Lewis "Scooter" Libby is making it clear for the historic record that he thought the defendant would take the stand, and that the presumption figured strongly into his decisions about classified material he would have allowed into evidence.

U.S. District Judge Reggie Walton also suggests the defense could have improved the prospects for acquittal of their client had they called Vice President Dick Cheney to the stand.

The jury has deliberated eight days so far on a five-count indictment against Libby, Cheney's former chief of staff.

Walton's comments were made in a "memorandum opinion" written to "memorialize" the basis for some of his decision-making during the trial. Although somewhat unusual, the written record elaborating on bench discussions may help an appeals court explore his decisions should any jury verdict be challenged. --From CNN's Paul Courson (Posted 2:06 p.m.)

http://edition.cnn.com/2007/WORLD/europe/03/02/friday/index.html

[Catherine Vincent]

1. How dare this judge comment on an ongoing case!

:)

[lovuian]

2. Well Reggie is making it obvious that Cheney WAS a

VERY IMPORTANT part of this and LIBBY should have had him testify

Now I think it opens up for a Grand Jury investigation on Cheney

[hootinholler]

23. I will orgasm when I see the headline

Cheney Target of Grand Jury

Right then it would happen, hopefully I won't be in public.

-Hoot

[Uncle Joe]

3. Maybe, however I believe Libby has placed his bet on pardon. n/t

[H2O Man]

4. He may have.

Looks like he's plum outta luck there, too.

[Uncle Joe]

11. You don't believe

Bush will grant it to him, just before he leaves office?

[H2O Man]

13. No.

It's possible, and I can certainly understand and appreciate why others believe it is likely. But I do not think it will happen.

[cui bono]

20. I also heard that Libby wouldn't accept a pardon since it admits guilt.

I guess in case he wants to appeal.

Some pundit said that, don't remember who or on what media/show...

[H2O Man]

21. The only person

who has said that, that I am aware of, was Chris Matthews on MSNBC's Hardball. And I can say with 100% certainty that he was saying it tongue-in-cheek.

[cui bono]

22. Could've been him I heard it from, I've had him on a teeny bit lately.

I don't give him my full attention so I may have missed his tongue. I'm glad he kept it in his own cheek. ;)

[robinlynne]

16. but of course.

[hlthe2b]

18. Maybe, but timing being what it is, Libby would still have to spend

some time in jail... BUsh* is arrogant enough to do about anything, but one would think he'd try to do his pardons, literally on the way out of office in January '09. So, if Libby does get convicted, he'd surely have to spend some time in jail...

[madrchsod]

5. interesting.....

http://en.wikipedia.org/wiki/Memorandum_decision
Memorandum opinion - Wikipedia, the free encyclopedia

[wryter2000]

6. Yeah, but...

Having Cheney testify would have hurt Cheney, and it's all about him. At least, when it's not all about Bush.

[Annces]

7. Yes it could have helped show why Libby lied

but it would have put on a spotlight on the Mother of all liars in the white house.

[Rob H.]

8. No way would Cheney say *anything* under oath

Besides, it's not as if other people actually mean anything to the creep, anyway.

[SlowDownFast]

19. Cheney doesn't give a flying fuck about oaths

or laws or about America.

[leveymg]

9. Didn't Reggie say, no testimony no memory defense. Recall that?

What happened to that ruling?

[H2O Man]

10. That had to do

with the things Team Libby wanted to say about Scooter being so busy with serious issues, that the Wilson/Plame issue paled in comparison. They were restricted from making that defense to the extent that they would have been able to had Scooter testified. The key is that no one else could say that issues involving terrorist threats and Tom Cruise were foremost on his mind, while the Wilson issue was not very important to him. Judge Walton stuck with his ruling.

[robinlynne]

17. He did not say no memory defense. he said no calling of witnesses to prove

the memory defense. (outside people libby's defense wanted to bring in to say "look how busy he is, of course he couldn't remember." I guess the judge thought if he wanted to prove that, he would have to testify to it himself, so it could be questioned. But Libby's lawyer was allowed to use the memory defense, jsut no witnesses as "proof".

[kestrel91316]

12. IMHO he needs to keep his thoughts to himself until the verdict is in.

[Bucky]

14. Well that's a big "du-uh." Being close to Cheney makes everyone look less guilty.

And yet, ironically, also makes everyone look guiltier at the same time.

[SlowDownFast]

15. Damn! Walton's closing up any loopholes

there might be for a future appeal by Shooter, methinks - not to mention the fact that the defense motioned to carry on with 11 jurors after dismissing one.

[Patsy Stone]

24. Here's Walton's Memorandum Opinion (48 pages)

From Raw Story:

http://www.rawstory.com/images/other/Memorandum.pdf