Dick Cheney: No Longer Libby Defense Witness

Feb. 13, 2007 — -- The decision of I. Lewis "Scooter" Libby's defense lawyers not to call Vice President Dick Cheney as a witness disappointed those looking forward to courtroom drama in the nation's capital. The prospect of Cheney on the witness stand tantalized official Washington ever since it became known that he might be called as a witness in the trial of his former chief of staff.

Having any vice president "swear to tell the truth" would grab the nation's attention, and possibly even more so in Cheney's case. He has an aversion to discussing the inner machinations of the Bush administration publicly. A former White House aide, who does not want to be identified, said Cheney sees no value in showing "how sausage is made."

"What's important to Cheney," said the aide, "is the sausage."

Cheney has already spoken in a private deposition to Special Counsel Patrick Fitzgerald. But that was secret testimony to use in the grand jury proceedings. So, Fitzgerald had a good idea of what Cheney would say in the current trial. Presumably, if Cheney's testimony would have greatly bolstered the prosecution's case, then Fitzgerald would have called him to the stand. But he did not.

Instead, if Cheney had been called, he would have been a witness for his onetime top aide, Libby, who was charged with perjury and obstruction of justice during the grand jury's investigation into the outing of Valerie Wilson, an undercover CIA officer. She is the wife of former Ambassador Joseph Wilson, who had written an op-ed piece in The New York Times disputing administration claims that Saddam Hussein tried to purchase uranium in the African nation of Niger.

How could Cheney have helped Libby? Lawyers following the case offered several possibilities. He could have served as a character witness praising Libby's virtues. Cheney might also have bolstered the defense team's case that Libby was so overworked and consumed by affairs of state that he simply forgot his conversations with journalists about Wilson and his wife.

Randall Eliason, an adjunct professor of law at American University, said Cheney might also have testified that he was "not all that concerned about Joe Wilson and what he was saying, and so there was no reason for Libby to be concerned about it either." But the prosecution has presented testimony indicating that Cheney and Libby did take Wilson's criticism seriously.

In Libby's grand jury testimony, which was replayed at the trial, he said Cheney was "upset." The vice president cut out a clipping of Wilson's op-ed piece, which had been shown to the current jury. The jury also heard testimony that Cheney issued instructions to aides, including Libby, on how to counter Wilson's charges in dealing with the news media. But there was no evidence presented to show that Cheney had any part in the leaking of Valerie Wilson's connection to the CIA.

As anyone who has ever watched a courtroom drama on television knows, if Cheney had been called as a defense witness, the prosecution would have had the right to cross-examine him. Although those who know Fitzgerald said he would have shown proper deference to the office, they also say he would not have shrunk from asking intrusive questions.

To hear lawyers tell it, facing the special prosecutor could have been even more uncomfortable than answering tough questions from the host of a Sunday morning TV talk show.

Eliason, a former federal prosecutor himself, said this could have been a risky forum for the vice president: "Cross-examination under oath is not like anything else, and being cross-examined by an extremely good prosecutor is a difficult position to be in. You're not in control of the message or the line of questioning or anything. Politicians are used to being in control."

Cheney is usually considered a master at being in control. He rarely shows anger in public. The most famous exception was when he hurled an epithet at Democratic Sen. Patrick Leahy of Vermont. But there were no TV cameras present.

Last month, though, Cheney responded sharply to a question from CNN's Wolf Blitzer concerning Republican doubts about his credibility on Iraq: "I simply don't accept the premise of your question. I just think it's hogwash."

And when Blitzer asked about the reaction of social conservatives to the pregnancy of Cheney's daughter, Mary, he shot back, "Frankly, you're out of line with that question."

That kind of retort would not have played well with a federal prosecutor. Although some of his critics might relish the thought of an emotional, rattled Cheney in the witness box, they should not have expected it. Under pressure, Cheney often rises to the occasion as a disciplined, impressive advocate. His performance in the 2000 vice presidential debate with Democratic Sen. Joe Lieberman of Connecticut impressed even his political opponents.

The former aide, who said Cheney does not like to talk about how White House sausage is made, also said this: "If it was me on trial, I couldn't ask for anyone better to speak on my behalf than Dick Cheney."

But Libby's lawyers, for whatever reasons, decided it was the better course for their client that neither Libby nor the vice president take the stand.