Prosecution Rests in Scooter Libby Trial
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After hours of more cross-examination of Tim Russert, the prosecution rested today in the Scooter Libby trial. Firedoglake has all the details.
It's hard to know where the defense plans to go — at times they seem to be claiming that Russert had a bad memory, at others that he was lying to cover his ass, and then at still others that he was lying because of malice toward Libby. But it never seemed to come together in some kind of consistent, cohesive view of what happened, and unless they can shake the jury's faith in Russert it's going to be tough to get them to believe Libby's story. The jurors seemed restless and uninterested throughout Wells' cross-examination of Russert, and aside from coming off as a bit of a scum for his First Amendment hypocrisy and his opacity with regard to how easily he gave up Libby's "confidentiality" to FBI agent Jack Eckenrode, he came off as credible.
Team Libby didn't manage to find any chinks in his armor that really seemed to cast much doubt on his really quite simple story about his conversation with Libby.
I guess Wells reverted back to his lumbering style of cross-examination that I witnessed last week. I'm sorry to hear that, not because I'm rooting for Libby but because I like a good,evenly matched trial and I like to see defense lawyers shine.
More....
Monday the defense case begins, probably with Jill Abramson of the New York Times who is expected to not remember being told something that Judith Miller told her. I'm not going to write much about Andrea Mitchell because I think she's a total red herring in this trial, which is solely about whether Libby lied to investigators and the grand jury and obstructed justice. Even if she did know about Joseph Wilson's wife, which she denies, there's no evidence she told Tim Russert, who then told Scooter Libby. It's far too speculative. As Fitzerald said in court today:
“If we allow this line of questioning we might as well throw out Wigmore on Evidence and replace it with Imus on Evidence….There is no Imus exception to the hearsay rule.”
I wish the defense would just stick to its two decent defenses, poor memory and lack of motive. I might not buy them, but the jury might. These hours-long crosses bore the jury and end up making it seem like the defense is just throwing anything and everything on the wall hoping something will stick.
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