Summation of Libby Trial for February 1, 2007

This is the "who is on first" day in the Libby trial...

Jurors didn't come in until the afternoon. Around 10:30 am ET, no jurors, defense and prosecution began the round of debates. There was in depth discussion with prosecution and defense on how to get the Walton to allow the prosecution to enter tapes of former White House spokesman Scott McClellan saying in 2003 that Rove was not involved in the Plame leak but not making the same claim about Libby. Fitzgerald was trying to debate on allowing him to enter in the tapes as exhibits. Defense attorney, Ted Wells, appears to say that if Cheney testifies he will confirm the defense's claim that Libby was concerned about being "scapegoated" in this matter -- not that he lied to save his job. At least this debate came to an end: a debate over whether it can be introduced that Libby had signed a "non-disclosure" agreement, meaning he could not release any classified info.

First testimony this afternoon: 19-year veteran FBI agent, Deborah Bond.

Bond described the FBI's interview with Libby on Oct. 14, 2003. She was asked where Libby first learned of Valerie Plame. Bond stated that Libby had told the FBI then -- from Cheney , on or about June 12 that year, in a telephone conversation. Cheney had also said that Plame worked in "CP" or counter-proliferation at the agency. Zeidenberg, on the prosecution team, asked Bond how did Cheney know this? Bond replied, "From someone at the CIA -- possibly director George Tenet, but Libby wasn't sure." Zeidenberg then goes on to ask Bond how to explain Libby originally claiming he had first heard about Wilson's wife from NBC's Tim Russert in July? Bond stated that Libby stated that he had simply forgotten he had actually heard it from the Cheney a month or more earlier. But Libby's notes, produced by prosecutors during this testimony, did show notations from June 12 regarding Wilson's wife. And Libby later confirmed this in a second FBI interview.But he said it seemed like news to him -- he'd "forgotten all about it" -- when Russert asked him if he knew that Wilson's wife worked at the agency and, allegedly, other reporters knew this. Then Libby told other reporters who might not know about it, including Glenn Kessler of The Washington Post and NBC's Andrea Mitchell.

Not good for Libby. Libby stated in his 2003 FBI interview also said he had not mentioned Plame in his July 8 meeting with Judith Miller -- or the lunch with Ari Fleischer that Fleischer testified about earlier. This contradicts the testimonies of Miller and Fleischer.

On the defense side, they suggest that Libby, in that first 2003 interview, had not been given fair chance to refresh his memory via notes etc. When he did have that chance, he changed his story, and then stuck to it: He simply forgot about the June 12 chat with Cheney. Again another faulty memory. Wells grilled Bonds regarding her memory of her interview with Libby and her lack of note taking.

And here is something interesting: Fitzgerald appears to be saving Timmy Russert as his last witness. And I wonder why? Is Fitzgerald saving the best for last to nail the coffin in Libby's defense? This day was interesting. First, Libby throws Rove under the bus claiming that Libby was the scapegoat and Rove was the person to be protected. And now Libby is throwing the reporters under the bus with their testimonies. Rest assured, Libby tend to forget how to forget.

Update:

Walton said he would not permit Fitzgerald to play the entire tape, which includes a heated question-and-answer period that McClellan had with reporters. He said Fitzgerald could play the portions in which McClellan clears Libby and says anyone who leaked classified information would be fired. Another score for the prosecution team!