Libby Plans to Call on Rove to Testify

May 5, 2006 — -- I. Lewis "Scooter" Libby's lawyers plan to call on White House Deputy Chief of Staff Karl Rove as a witness in his trial for allegedly lying to a federal grand jury and investigators over the CIA leak case.

The defense revealed today it will also focus on testimony from former State Department official Marc Grossman and Joseph Wilson, husband of undercover CIA officer Valerie Plame.

Libby, the former aide to Vice President Dick Cheney, was charged in October 2005 over statements about how he learned about Plame's CIA connections. Plame was identified by columnist Robert Novak in July 2003, and U.S. Attorney Patrick Fitzgerald was appointed as a special prosecutor to investigate the matter later that year.

At a hearing today, Libby's lawyer Ted Wells said five witnesses would testify that Wilson revealed Plame's status before Novak did. U.S. District Judge Reggie B. Walton fired back at Wells saying, "I don't know how it has any bearing on whether your client allegedly testified falsely."

The defense team also asked that the government produce any documents and e-mails they have in their possession relating to the ongoing investigation.

The hearing offered no clues on Fitzgerald's investigation into Rove's statements made before the grand jury last week or whether Fitzgerald will bring charges against Rove.

Wells asked that materials relating to Rove be provided to the defense, asserting that the prosecution is required to do so even if no charges have been brought against Rove. Fitzgerald denied he was withholding evidence.

The defense also requested additional documents from the CIA, the State Department and the White House. Walton denied some, saying he did not see how the documents related to the perjury and obstruction of justice charges against Libby.

However, Walton granted the defense information about the declassification process of the Iraq National Intelligence Estimate. The 2002 report was declassified by President Bush after Wilson and other critics began to question the administration's Iraq pre-war intelligence. Walton also said information provided to Federal investigators after interviews with Bush and Cheney could be turned over to the defense.