From the New York Times:
A court filing on Wednesday by the special counsel in the C.I.A. leak case suggested that Vice President Dick Cheney would testify as a government witness in the trial of his former chief of staff, I. Lewis Libby Jr.
The legal brief did not say with certainty that Mr. Cheney would be called as a witness. But the latest filing, like earlier court papers, underscored the prosecutor’s contention that the vice president’s role was critical to understanding Mr. Libby’s wrongdoing. But the new filing was the first to indicate that Mr. Cheney himself might be called as a government witness.
On the issue of whether Mr. Cheney will testify, the brief said, “Contrary to defendant’s assertion, the government has not represented that it does not intend to call the vice president as a witness at trial.”
The prosecution brief, signed by Patrick J. Fitzgerald, the special counsel, added, “To the best of government’s counsel’s recollection, the government has not commented on whether it intends to call the vice president as a witness.”
I seem to recall a lawyer friend of mine telling me that you really don’t want to call a witness to the stand who is more likely to annoy the jury than the defendant, even if he’s a witness for the prosecution.
In this case, they might be more afraid of him than anything, especially if he knocked back a cool one during lunch. Imagine the transcript:
COURT CLERK: Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
WITNESS: Go fuck yourself.
Let’s see them put that on Law & Order.