Theodore Wells, Libby's lead lawyer, said he and his colleagues had "made certain recommendations to Mr. Libby on the progress of his case," The New York Times said. That suggests Wells is confident the defense has poked enough holes in the prosecution case to give jurors reasonable doubt without the risk of putting his client on the stand.
Libby, Cheney's former chief of staff, is charged with obstructing the federal investigation into the leaking of CIA agent Valerie Plame's identity. Plame was outed after her husband, former Ambassador Joseph Wilson, wrote an op-ed piece critical of the Bush administration.
U.S. District Judge Reggie Walton said he expects the defense to rest Wednesday. The case could go to the jury early next week.
Also Tuesday, Libby's former assistant, John Hannah, described him as a workaholic who had trouble remembering details. Libby's defense is that he gave misleading information to the FBI unintentionally.
"On certain things, Scooter just had an awful memory," Hannah said, using Libby's nickname.
On Monday, Robert Novak, the syndicated columnist who outed Plame, named Deputy Secretary of State Richard Armitage as his first source and White House political adviser Karl Rove as official who confirmed the agent's identity.