Two Reporters Balk at Testifying for Libby

Both the Government and Lewis "Scooter" Libby filed status reports yesterday. I have uploaded them here and here.

Editor & Publisher notes the key details: While Libby states two reporters may resist testifying for him, Fitz reports none of its witnesses, including White House officials, will claim privilege to avoid testifying.

We can expect Dick Cheney and others to be witnesses and not to claim privilege -- at least during the Government's questioning. Cross-examination by Libby could be different. From Fitz's pleading:

The government is not aware of any government witness who is intending to assert a blanket privilege, and the government does not otherwise anticipate any of its witnesses moving to quash or limit trial subpoenas. The government also does not intend to examine any witnesses on any topic for which we expect an assertion of privilege.

I take the use of the word "blanket" to mean the Government witnesses will not object to answering all questions, but might raise a privilege objection as to specific questions by the defense. Fitz writes:

When the Jencks Act materials are turned over, we will alert the defense to the potential privilege problems and request that they advise us whether they intend to examine on any of those topics.

Libby also has subpoenaed a tape recording of an interview between Bob Woodward and Richard Armitage. The tape is in the Government's possession.

In this attachment (pdf) to its status report, the Government states it intends to introduce all of Libby's grand jury testimony as exhibits for the jury, but will refer only to specific portions, yet to be determined.

Jury selection will be open to the media. Two reporters will be in the courtroom, with the rest in an overflow courtroom.

Lastly, the Government will drop its appeal of the Court's ruling on classfied documents.

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