Ari Fleischer Set to Testify in Libby Trial

Jan. 25, 2007 — -- The trial of I. Lewis "Scooter" Libby is set to resume on Monday with the testimony of former White House Press Secretary Ari Fleischer as a prosecution witness.

Fleischer is expected to testify after defense attorneys wrap up their cross examination of Catherine Martin, Vice President Dick Cheney's former public affairs director.

After the jury was dismissed Thursday, defense attorney William Jeffress questioned an immunity agreement Special Prosecutor Patrick Fitzgerald struck with Fleischer in February, 2004 as the CIA leak investigation began to zero in on White House officials.

During his last week as press secretary in July, 2003 on a trip with President Bush to Africa, according to the defense, Fleisher told members of the press that Joseph Wilson's wife worked at the CIA.

Jeffress said the defense had requested documents and information about what Fleischer had said to Fitzgerald about Libby before he was given immunity by the Special Counsel.

Fitzgerald said there were "no specifics" from Fleischer's attorney, and he "didn't believe there was any reference to Mr. Libby."

"We understood he had information -- I don't know what -- but I felt it was important to get out," Jeffers said.

Libby's defense attorneys expressed concern about the blanket immunity being given to Fleischer and said that his testimony may be prejudicial to their client.

"We want to know if this was real blind immunity," defense attorney Theodore Wells argued before the judge. "That's negotiated testimony. They're hedging."

Fitzgerald stood by shaking his head.

Judge Walton said to Wells, "You've just accused this man of saying something he didn't say."

Fitzgerald appearing flustered and quickly spoke.

"I've been in this game a long time … when he [Fleischer] asserted the Fifth [Amendment] we stopped," Fitzgerald said. "I sensed he had something important."

Wells countered saying it appeared that both sides seemed to have different views of the law.