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goes first. The three witnesses called so far are all prosecution witnesses. On Monday, Ari Fleischer will be called by Mr. Fitzgerald. After he does his examination, the defnse attorneys do their cross-exam.
The defense is not required to put on a case. And, of course, a defendant is not required to testify; if the defendant opts not to testify, the judge instructs the jury that they are not to draw any conclusions based on the defendant's not testifying. (Every juror will, at some level, draw some conclusion; it's like when an attorney blurts something out, and the judge instructs the jury to ignore it.)
In terms of the defense, you are correct -- any witness they call has the potential to both help and harm their case. As the trial progresses, they decide on who they need to call on to testify. They do not want to call too many people, nor someone who causes significantly more harm than good.
Mr. Fitzgerald had said back in the spring of '06 that he did not anticipate calling Karl Rove. That, of course, surprised a lot of people, including the defense attorneys. And towards the end of '06, Mr. Fitzgerald said he was not planning to call VP Cheney. Team Libby immediately announced they were calling Cheney.
There are a lot of reasons for these decisions. Some involve what line of questioning is allowed in a cross-examination. In general, it has to be conected to the evidence brought out on direct examination. There are a few exceptions, most notably in regard to "hostile witnesses." In those situations, I believe an attorney is allowed to ask questions that would normally get tossed for being "leading."
There may be as many as six people who were granted some degree of immunity in return for their cooperation with the grand jury investigation. It is possible that we will learn of more than Mr. Fleischer. Should Karl Rove be called by Team Libby, and they expose what had gone on in his FBI interviews and then his numerous grand jury appearances -- and in the meetings between Luskin and the prosecutor -- I think that a lot of people will be pleased.
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