AP reports:
If a prosecutor calls him as a witness, Vice President Dick Cheney probably can’t avoid testifying in his former chief of staff’s perjury trial, legal experts said Thursday. . . .
But former federal prosecutor Ty Cobb said Fitzgerald’s revelation about using Cheney as a witness seems like an act of desperation. “You don’t play that card unless you think you are in danger of being shut down,” Cobb said. . . .
Fitzgerald’s filing, Cobb said, was a signal to U.S. District Judge Reggie B. Walton, who has expressed concern about the amount of classified information the prosecutor may try to keep Libby from using in his defense.
“Now Fitzgerald’s pitch is, ‘This goes all the way up in the White House. Judge, don’t shut me down,'” Cobb said.
