Libby defence won't call Cheney as witness

U.S. Vice-President Dick Cheney will not be called to testify at the perjury and obstruction trial of his former aide, I. Lewis (Scooter) Libby,in the CIA leak case, Libby's lawyer said Tuesday.

Theodore Wells said he advised Cheney's lawyer over lunch that his client's testimony would not be needed, thus saving Cheney theembarrassment of being the first sitting vice-president to appear as a witness in a criminal case.

Wells also said he planned to rest his case without calling Libby, who is accused of lying and obstructing the investigation into the 2003 leak of CIA operative Valerie Plame's identity.

In December, Wells announced that he would call Cheney as a defence witness.

Libby, recognized by Cheney as one of his most trusted confidants, resigned from his post after a federal grand jury handed down an indictment against him.

Plame is married to former diplomat Joseph Wilson, who was publicly critical of President George W. Bush and prewar intelligence on Iraq.

A key piece to the prosecution's case is whether Cheney, upset by Wilson's criticisms of the Bush administration, told Libby about Plame's CIA identity.

It is a federal offence to deliberately disclose the name of an undercover agent.

Libby is accused of lying to investigators about his conversations with reporters regarding Plame. Prosecutors have alleged Libby learned Plame's identity from Cheney and other officials, relayed that information to reporters, then concocted a story to cover it up.

Libby says he was preoccupied with national security intelligence and honestly forgot details about Plame. He says he learned it from Cheney, forgot it, and learned it again a month later from NBC's Tim Russert and believed that it was new information.

Libby's defence team said it plans to rest its case Thursday, but first wanted to question three CIA briefers to discuss Libby's daily intelligence briefings.