in connection with yet another sealed request for classified materials, trying to convince the court that Libby's memory failure defense -- the part that is based on how busy he was due to the urgent national security matters he was involved in -- should come into evidence even if he doesn't take the stand. They say that making him testify in order to present his memory defense would force him to choose between his 5th Amendment right to remain silent and his 6th Amendment right to counsel.
Libby's filing.
This is not surprise to me. After reading the audio of the grand jury testimony this afternoon, Team Fitz certainly backed Libby defense team in a corner where there have to come up with a plan B.
2 comments:
Hasn't he done enough damage on the video?
In more ways than one, Libby was the "surprise witness" but on audio.
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