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NEW YORK (CNN) -- NBC's Tim Russert, the last prosecution witness in I. Lewis "Scooter" Libby's perjury trial, takes the stand again on Thursday.
COLLINS: How big of a blow was Russert's testimony to Scooter Libby's defense?
TOOBIN: I think it's a huge blow. You know, this has been a very lean, quick and effective prosecution. The prosecution is just about done, and it's only really been about two weeks of testimony. And the prosecution has done what the prosecution always wants to do in a criminal case, which is say, look, this is simple -- Libby testified to the grand jury that he heard about Valerie Wilson's status as a CIA agent from Tim Russert.
So I think the witnesses are coming at Libby from both sides, and it's a big problem for him.
COLLINS: We heard him say in this audio testimony so many times, I really just don't recall, I really just don't recall.
TOOBIN: Well, you know, it's important to emphasize that it's not a crime to fail to remember. Libby's problem is, his testimony is not that, boy, I just don't remember the whole thing.
I mean, that's a tough argument to make with a bunch of witnesses who really don't have axes to grind against Scooter Libby.
COLLINS: Right. And speaking of some of those other witnesses, let's talk a little bit about New York Times reporter Judith Miller and former White House Press Secretary Ari Fleischer. What stands out about their testimonies to you?
TOOBIN: Well, they were part of the earlier part of the case. And of course, as people may remember, Judith Miller went to prison for several months to avoid cooperating with Patrick Fitzgerald's investigation.
COLLINS: As the prosecution is expected to wrap up today, defense will take over. Are we going to see Scooter Libby on the witness stand?
TOOBIN: Boy, that's a tough call. Given the way the trial is going it, it looks like they're leaning away from calling him. They've some made legal arguments that suggest he's not going to be called. But it's a problem when you're going to the jury and say, look, he's only human, he didn't remember.
And so I think it's going to be a very tough call about whether he testifies. Certainly the defense will include some aspects of how busy he was, how many important responsibilities he had relating to the war on terror, all of which is true.
CNN legal analyst Jeffrey Toobin
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