Thus far, all of the witnesses that I’ve read about have had memory problems of varying degrees. Patrick Fitzgerald saying that “it’s implausible” that former Cheney Chief of Staff Scooter Libby would forget several conversations he had with officials about Plame is looking shaky at best. And that’s with his witnesses testifying. If you were a moonbat who waited breathlessly for Fitzmas, you’d have to ask if Fitzgerald’s trying to make the defense’s case for them.

Former Time magazine reporter Matthew Cooper testified Wednesday that a key conversation with White House aide I. Lewis “Scooter” Libby in the CIA leak case was off the record, a description that appeared to be at odds with his written account of the interview.

Why didn’t Fitzgerald indict Cooper? After all, he indicted Libby because of conflicting statements. For that matter, why didn’t Fitzgerald indict Armitage friend Marc Grossman? Grossman was the prosecution’s first witness. Grossman testified that he told a different story in two FBI interviews. In those interviews, he described telephone conversations but no face-to-face meeting.

The first journalist to testify in the case, New York Times reporter Judith Miller, acknowledged Wednesday that she had conversations with other government officials and could not be “absolutely, absolutely certain” that she first heard about Plame from Libby.

Miller is a crucial witness in the case. She says she had two conversations about Plame in mid-2003 with Libby, who was Vice President Dick Cheney’s chief of staff. Those conversations are at the heart of the trial because they allegedly occurred well before Libby says he learned Plame’s identity from another reporter.

It’ll be interesting to see if Judge Walton rules that the prosecution has met its burden so that the defense has to present a case. Regardless of that ruling, it’s obvious that Fitzgerald’s case is built on flimsy witnesses. I’m not surprised. I’ve never been impressed with Fitzgerald’s prosecutorial, investigative or analytical abilities.

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Cross-posted at California Conservative

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