Defense to call Cheney to court in ex-aide’s trial

WASHINGTON – Vice President Dick Cheney will be called to testify at the perjury and obstruction trial of his former chief of staff, in what would be a historic appearance by a sitting vice president in a criminal prosecution, lawyers said Tuesday.

The decision by I. Lewis “Scooter” Libby’s lawyers to call Cheney as a witness in the federal court trial scheduled to begin in January ends months of speculation about the role senior White House officials would play.

The move also sets the stage for a dramatic appearance that could offer new insight into Cheney’s relationship with his top aide, and for a cross-examination by special prosecutor Patrick Fitzgerald that could lay bare how the Bush administration responded to its critics.

Libby resigned after being indicted in October 2005 on charges that he lied to a grand jury about his conversations with reporters about CIA operative Valerie Plame. White House critics have charged that the leak was part of an orchestrated campaign to undermine her husband, former envoy Joseph Wilson, who had accused the administration in a newspaper column of misleading the public on the case for war in Iraq.

The former aide has denied the charges and has said that any misstatements were inadvertent, reflecting his focus on weightier matters of state, such as terrorism and the war in Iraq.

Libby’s lawyers hope that Cheney, as his former boss, will be able to buttress that claim by citing their close working relationship.

The lawyers did not say whether they expected Cheney would appear in court or give his testimony through a deposition, although their statements indicated that they believe the vice president would appear in person and voluntarily without a subpoena.

“We don’t believe he is going to resist,” attorney Bill Jeffress said.

Lea Anne McBride, the vice president’s press secretary, said Cheney would testify, if called. “We’ve cooperated fully in this matter and will continue to do so.”