I didn't say I wouldn't do it so I might, uh, do it

Counsel Says He May Use Cheney in Libby Trial - New York Times:

On the issue of whether Mr. Cheney will testify, the brief said, 'Contrary to defendant's assertion, the government has not represented that it does not intend to call the vice president as a witness at trial.'

The prosecution brief, signed by Patrick J. Fitzgerald, the special counsel, added, 'To the best of government's counsel's recollection, the government has not commented on whether it intends to call the vice president as a witness.'

Whether Darth Cheney makes an entrance or not, he's still going to have to do some fancy dancing for the prosecutor if he doesn't want the truth to come out.

The government wants to use Mr. Cheney's notes as evidence, saying they show the state of mind in Mr. Cheney's office and the importance that aides like Mr. Libby attached to rebutting the article.

The prosecution has said that after Mr. Cheney expressed concern, Mr. Libby informed reporters that Mr. Cheney's office did not send Mr. Wilson and that he might have traveled on what was little more than a junket arranged by Ms. Wilson.

Later, the prosecution has said, Mr. Libby misled investigators about his actions, saying the reporters had told him about Ms. Wilson.

This should be interesting. I'm betting Darth tries to invoke executive privilege like he did with the meeting notes about the energy "summits." He can't invoke the fifth amendment without, well, incriminating himself.