Summation of the Libby Trial: February 5, 2007

The jurors were played the first 90 minutes of audiotapes, recorded during the 2003 grand jury testimony of Libby and more than six hours of additional tapes. Libby takes the stand. Fitzgerald began his questioning Libby by determining what he already knew to be true. Fitzgerald asked whether Cheney expected Libby to share that with reporters, specifically Walter Pincus of The Washington Post. Libby said no. Fitzgerald used another approach in a non-confrontation way. He asked four times and in four different ways whether Libby could be absolutely sure he did not disclose the information to Pincus:

Fitzgerald: The vice president obviously thought it was important enough to share with you or interesting enough to color the background, correct?

Libby: Yes.

And Libby stuck to his guns in his repsonses to Fitzgerald about Marc Grossman:

Fitzgerald: Do you recall any conversation at any time when Secretary Grossman told you that the former ambassador's wife worked at the CIA?
Libby: I don't recall.
Fitzgerald: You have no memory of that whatsoever?
Libby: I'm sorry sir, I don't.

There was so much talk about a surprise witness. We just learned thst there is not surprise witness. But, I think that Fitzgerald was trying to see what strategy the defense was using. Since Walton went into Fitz's favor to release the 2003 grand jury testimonies, Scott McClellan's White House gaggle transcript and video, and Pincus' article according to the filings this past weekend, Fitz doesn't need to have a surprise witness. He knew that Libby had to take the stand. If it didn't go into Fitz's favor, then he would have provide another surprise witness. A maybe Libby was the surprise witness after all. Tim Russert is the last witness for Fitz. Fitz save the best for last. The real question is how much damage will Timmy's testimony be to the defense?