February 11, 2009 5:22 PM
- Text
Prosecution Rests In Libby Trial
(CBS/AP)
NBC's Tim Russert deflected criticism of his ethics and credibility as the prosecution rested its case Thursday in the trial of former White House aide I. Lewis "Scooter Libby.
The network journalist got the kind of interrogation he usually gives on his Sunday television show "Meet the Press," as attorneys flashed excerpts of his previous statements on a video monitor and asked him to explain inconsistencies.
Russert, who testified that he never discussed outed CIA operative Valerie Plame with Libby, was the final witness called by Special Prosecutor Patrick Fitzgerald.
A law school graduate, Russert avoided several traps that Libby attorney Theodore Wells laid before him. He seemed uncomfortable at times, however, as Wells asked him to explain why he willingly told an FBI agent about a July 2003 conversation with Libby, then gave a sworn statement saying that he would not testify about that conversation because it was confidential.
"Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby," Libby's attorneys Theodore Wells asked.
"As I've said sir ... " Russert began.
"It's a yes or no question," Wells interrupted.
"I'd like to answer it to the best of my ability," Russert said.
"This is a very simple question. Either it's in the affidavit or it's not?" Wells asked. "Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?"
"No," Russert said.
Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.
Russert's credibility is under fire because he and Libby tell very different stories about a July 2003 phone call that is at the heart of the case. The question of which to believe could be a critical jury room issue.
Both men agree that Libby called Russert to complain about a colleague's news coverage. Libby says at the end of the call, Russert informed him that the wife of a prominent war critic worked for the CIA. Russert testified that part of the conversation never occurred.
"That would be impossible," Russert testified Wednesday. "I didn't know who that person was until several days later."
Libby subsequently repeated the information about Plame to other journalists, always with the caveat that he had heard it from reporters, he has said. Prosecutors say Libby concocted the Russert conversation to shield him from prosecution for revealing information from government sources.
Wells has questioned Russert about other phone conversations he couldn't remember, inconsistencies between his current account and FBI notes of an agent's original interview with him, and the likelihood that he would've let such a high-ranking official off the phone without fishing for some news.
Special Prosecutor Patrick Fitzgerald has said he will rest his case after Russert testifies.
Vice President Cheney could take the stand in Libby's defense, reports CBS News correspondent Gloria Borger, but he may also need to answer some questions about himself and whether he directly controlled a White House effort to discredit a political enemy.
Among the first witnesses defense attorneys want to call is Russert's colleague, Andrea Mitchell. Mitchell was scheduled to challenge her subpoena Thursday but the hearing was postponed.
Libby's attorneys will take a similar approach to undercut the credibility of former New York Times reporter Judith Miller, who testified that Libby revealed Plame's identity to her. Defense attorney William Jeffress said he intends to call Miller's former boss, Times managing editor Jill Abramson, to try to refute Miller and question her credibility.
Meanwhile, another NBC television personality, and one of the nation's most familiar "prosecutors," showed up in Libby's camp in court Thursday. But it was a prosecutor who only plays one on TV.
Joining Libby's public relations person, Barbara Comstock, in the public gallery was former Tennessee Republican Sen. Fred Thompson, who plays a New York City prosecutor on the NBC series "Law and Order."
At one point, Libby's wife, Harriet Grant, went back and sat beside Thompson. They hugged, laughed and chatted for a few minutes before she returned to her seat in the front row.
Asked why he came, Thompson said, "I'm a friend of Scooter Libby and his family."
The network journalist got the kind of interrogation he usually gives on his Sunday television show "Meet the Press," as attorneys flashed excerpts of his previous statements on a video monitor and asked him to explain inconsistencies.
Russert, who testified that he never discussed outed CIA operative Valerie Plame with Libby, was the final witness called by Special Prosecutor Patrick Fitzgerald.
A law school graduate, Russert avoided several traps that Libby attorney Theodore Wells laid before him. He seemed uncomfortable at times, however, as Wells asked him to explain why he willingly told an FBI agent about a July 2003 conversation with Libby, then gave a sworn statement saying that he would not testify about that conversation because it was confidential.
"Did you disclose in the affidavit to the court that you had already disclosed the contents of your conversation with Mr. Libby," Libby's attorneys Theodore Wells asked.
"As I've said sir ... " Russert began.
"It's a yes or no question," Wells interrupted.
"I'd like to answer it to the best of my ability," Russert said.
"This is a very simple question. Either it's in the affidavit or it's not?" Wells asked. "Did you disclose to the court that you had already communicated to the FBI the fact that you had communicated with Mr. Libby?"
"No," Russert said.
Wells wants to cast Russert as someone who cannot be believed, who publicly championed the sanctity of off-the-record conversations but privately revealed that information to investigators. Russert said he viewed the FBI conversation and testimony to prosecutors differently.
Russert's credibility is under fire because he and Libby tell very different stories about a July 2003 phone call that is at the heart of the case. The question of which to believe could be a critical jury room issue.
Both men agree that Libby called Russert to complain about a colleague's news coverage. Libby says at the end of the call, Russert informed him that the wife of a prominent war critic worked for the CIA. Russert testified that part of the conversation never occurred.
"That would be impossible," Russert testified Wednesday. "I didn't know who that person was until several days later."
Libby subsequently repeated the information about Plame to other journalists, always with the caveat that he had heard it from reporters, he has said. Prosecutors say Libby concocted the Russert conversation to shield him from prosecution for revealing information from government sources.
Wells has questioned Russert about other phone conversations he couldn't remember, inconsistencies between his current account and FBI notes of an agent's original interview with him, and the likelihood that he would've let such a high-ranking official off the phone without fishing for some news.
Special Prosecutor Patrick Fitzgerald has said he will rest his case after Russert testifies.
Vice President Cheney could take the stand in Libby's defense, reports CBS News correspondent Gloria Borger, but he may also need to answer some questions about himself and whether he directly controlled a White House effort to discredit a political enemy.
Among the first witnesses defense attorneys want to call is Russert's colleague, Andrea Mitchell. Mitchell was scheduled to challenge her subpoena Thursday but the hearing was postponed.
Libby's attorneys will take a similar approach to undercut the credibility of former New York Times reporter Judith Miller, who testified that Libby revealed Plame's identity to her. Defense attorney William Jeffress said he intends to call Miller's former boss, Times managing editor Jill Abramson, to try to refute Miller and question her credibility.
Meanwhile, another NBC television personality, and one of the nation's most familiar "prosecutors," showed up in Libby's camp in court Thursday. But it was a prosecutor who only plays one on TV.
Joining Libby's public relations person, Barbara Comstock, in the public gallery was former Tennessee Republican Sen. Fred Thompson, who plays a New York City prosecutor on the NBC series "Law and Order."
At one point, Libby's wife, Harriet Grant, went back and sat beside Thompson. They hugged, laughed and chatted for a few minutes before she returned to her seat in the front row.
Asked why he came, Thompson said, "I'm a friend of Scooter Libby and his family."
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