Visiting the Libby Trial: The Defense Rests

In celebration of Valentine’s Day, the jury in Scooter Libby’s perjury trial walked into the courtroom wearing matching red t-shirts with a white heart on the front. A juror gave a short speech directed at the judge about their apparel, and concluded by saying, “Valentine wishes to you all as well,” motioning to both counsels and the audience.

The jury’s cheerful attitude was in contrast to the arguments that had taken place prior to their entrance and to what they heard after they took their seats. When the courtroom came to order, a defense attorney read a long list of weighty matters that Libby had been briefed on, along with information about former Ambassador Joseph Wilson, on June 14, 2003. This, and a few newspaper articles, was all that was left of the defenses case after the Judge’s rulings early that day.

The defense had planned on calling Craig Schmall, Libby’s CIA briefer along with another CIA briefer as witnesses. Schmall was to give a detailed account of the classified list of information that he shared with Libby the morning of June 14. This was meant to establish the fact that Libby had many more important things on his mind than Wilson and Valerie Plame. Judge Walton decided not to allow the witnesses to testify because Libby was no longer testifying. Summary lists of the information were read to the jury.

After the defense had argued to allow the witness, and on a question about Plame’s employment, and on a question of admission, Judge Walton said in frustration, “This whole thing is turning into too much of a game. We are supposed to be trying to find the truth.” Instead, Judge Walton inferred that the defense was just clouding the truth. The Judge said that the defense was wrongfully trying to give the jury Libby’s state of mind without him having to testify.
The Judge said his rulings up to this point had been based on the assumption that Libby would testify. He continued by stating the whole “landscape” of the trial had changed and that he was risking giving the defense an unfair advantage. “I think both sides are in titled to a far trial,” Judge Walton said, “and if the Supreme Court wants to reverse me on that—well then, maybe I should hang up my spurs.”