The lawyers defending I. Lewis Libby Jr. against perjury charges rested their case on Wednesday, but not before suffering a series of defeats in rulings by the presiding judge, reports the New York Times. The judge, Reggie B. Walton, expressed in the strongest terms yet that he had been misled by the defense team about whether Mr. Libby would take the stand in his own defense. Judge Walton said he “believed all along in the process that Mr. Libby was going to testify” and that his lawyers were now “playing games with the process.”
He made his remarks out with the jury out of the courtroom as he ruled that the defense would no longer be able to use some evidence, including something the jury had already heard: a statement the government agreed to saying Mr. Libby, as chief of staff and national security adviser to Vice President Dick Cheney, “worked long hours, received daily intelligence briefings and attended many meetings concerning important matters of national security.” Libby faces five felony charges that he lied to a grand jury and F.B.I. agents investigating the leak of the identity of a C.I.A. operative, Valerie Wilson, to reporters in the summer of 2003.