Drudge has an interesting tidbit up:
Special Counsel Patrick Fitzgerald is planning to call Vice President Dick Cheney as a witness in the trial of Lewis Libby, the DRUDGE REPORT has leaned.
But the high stakes move could result in an executive privilege showdown between the White House and Fitzgerald, a top government source said Sunday.
“If Mr. Fitzgerald is going to demand a public recounting of conversations between the vice president, or even the president, and his staff, on matters he, himself, has acknowledged are ‘classified,’ executive privilege will obviously be invoked.”
Fitzgerald has made it clear to lawyers involved in the case that he prefers Cheney appear as a witness in open court.
“Mr. Fitzgerald is starting from the position that this should not be done on remote or videotape,” the well-placed source said.
Fitzgerald and Libby’s attorney Joseph Tate discussed possible plea options before the indictment was issued last week, TIME magazine reports in new editions. But the deal was scotched because the prosecutor insisted that Libby do some “serious” jail time.
If they assert executive privilege, and there is a fight, I am willing to bet they will win(*** Update *** Others, in the comments, think executive privilege will not hold). More than anything, though, this would seem to suggest that the investigation is NOT over.
Meanwhile, the WaPo has this piece about Lbby, in which his friends speculate as to motive (which, in and of itself is interesting, as it brushes aside the notion of innocent and proven guilty, as we generally assume some level of complicity when an individual is indicted):
No one would ruminate on the record about Libby’s motives, but there is speculation that perhaps Libby is falling on his sword to protect Cheney, not only his boss, but also a personal friend. The two ride into work together in Cheney’s motorcade most mornings. Although Libby testified otherwise under oath, his own notes indicate that it was Cheney who first told him that Wilson’s wife worked at the CIA. What is not known is whether Cheney was aware of — or sanctioned — Libby’s effort to discredit Wilson and his wife.
“I’ve thought about this all night,” said one acquaintance. “One possibility is that Scooter was just pushing back because Wilson was after them — but it just went too far. And frankly he may have thought the reporters would never testify.”
Another, who worked with Libby in the White House and considers him a friend, echoed the position of Libby’s lawyer: “Perhaps he really did get balled up in the sequencing of his conversations and didn’t remember who first told him about her. Unless you’ve been there, you can’t imagine what those jobs are like. It starts at 6 in the morning and ends 8, 9, 10, 11 at night. Seven days a week the phone is ringing off the hook. . . . Not many people would be able to recall who you talked to first.”
Friends say Libby is working on expanding his legal team to include white-collar criminal lawyers to get him through this week’s arraignment and a potential trial. But at least two close friends worried that the legal battle facing Libby would wipe him out financially.