http://www.cbsnews.com/stories/2006/12/19/politics/main2281548.shtml?source=RSSattr=U.S._2281548

Cheney To Be Witness In CIA Leak Trial
Vice President's Former Chief Of Staff Will Call Him As Defense Witness

(CBS/AP) Vice President Dick Cheney will be called as a defense witness 
in the CIA leak case, an attorney for Cheney's former chief of staff 
told a federal judge Tuesday.

"We're calling the vice president," attorney Ted Wells said in court. 
Wells represents defendant I. Lewis "Scooter" Libby, who is charged with 
perjury and obstruction.

Early last week, Special Prosecutor Patrick Fitzgerald said he did not 
expect the White House to resist if Cheney or other administration 
officials are called to testify in Libby's trial, expected to begin in 
January.

However, CBS News legal analyst Andrew Cohen says, "I just don't see 
this White House, and Cheney in particular, rolling over and allowing 
Libby's attorneys to force the VP to discuss delicate policy matters 
under oath in open court in Washington. At a minimum, you would think 
the White House would push an executive branch argument just for the 
sake of precedent."

Libby is accused of lying to investigators about what he told reporters 
regarding former CIA operative Valerie Plame. Plame's identity was 
leaked to reporters around the time that her husband, former ambassador 
Joseph Wilson, publicly criticized the Bush administration's prewar 
intelligence on Iraq.

Sitting presidents, including Bill Clinton and Gerald Ford, have 
testified in criminal cases, but presidential historians and 
separation-of-powers experts said they knew of no vice president who has 
done so. The first President George H.W. Bush was subpoenaed to testify 
an Iran-Contra trial. At the time, Mr. Bush was Reagan's vice president, 
but he was president by the time a judge ruled he did not need to testify.

In addition to Cheney, other government officials and journalists are 
expected to be key witnesses in the trial, which is scheduled to start 
next month.

Former New York Times reporter Judith Miller and NBC News Washington 
bureau chief Tim Russert are expected to be prosecution witnesses. 
Libby's lawyers said in court papers that several reporters will testify 
on Libby's behalf.

Two unidentified reporters may resist testifying, Libby's attorneys 
said, but they expect to resolve that issue before trial.

Libby also has sought a subpoena for the tape of Washington Post 
reporter Bob Woodward's interview with former Deputy Secretary of State 
Richard Armitage. Armitage has admitted he discussed Plame's job with 
Woodward in 2003 but said it was a passing, inadvertent comment.

If admitted into evidence, the tape could be played at trial. The tape 
has been turned over to prosecutors, and Libby's attorneys said they 
expect no objection to their subpoena.

Cheney, who would be the trial's most anticipated witness, has said he 
may be called to testify. If so, prosecutors could ask how the White 
House responded to Wilson's criticisms. Cheney was upset by Wilson's 
comments, Fitzgerald has said, and told Libby that Plame worked for the CIA.

That conversation is a key to Fitzgerald's perjury case. Libby testified 
that he learned about Plame's job from a reporter.

Cheney could also help prosecutors undermine Libby's defense that he was 
so preoccupied with national security matters, he forgot details about 
the less-important Plame issue. Prosecutors argue that Plame was a key 
concern of the vice president, and thus would have been important to Libby.

Cheney and Libby got to know each other when Cheney was defense 
secretary under the first President Bush. Libby has been extremely loyal 
to Cheney and, in return, had the vice president's unwavering trust.

By 2000, Libby was working as a top adviser to Cheney in the 
presidential campaign and then followed him to the White House. In the 
White House, he was known as "Cheney's Cheney" for being as trusted a 
problem solver for the vice president as Cheney was for the president.

Even after Libby's indictment, Cheney called him "one of the finest men 
I've ever known."

©MMVI, CBS Broadcasting Inc. All Rights Reserved. This material may not 
be published, broadcast, rewritten, or redistributed. The Associated 
Press contributed to this report.

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