When Scooter got his commutation from the President, he kept his appeal going — which effectively gave him the right to take the fifth if Congress asked him to testify. But it looks like Scooter is giving up that ghost:
Former White House aide I. Lewis "Scooter" Libby is dropping his appeal in the CIA leak case, his attorney said Monday.
Libby, the former chief of staff to Vice President Dick Cheney, was convicted of perjury and obstruction for lying about his conversations with reporters about outed CIA operative Valerie Plame.
"We remain firmly convinced of Mr. Libby’s innocence," attorney Theodore Wells said. "However, the realities were, that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear."
Wells said he has not discussed a possible pardon with the president and does not know what Bush will do.
Which means if Congress decided to start poking around the obstruction and perjury issues, Scooter can now be a lot more chatty (though looseheadprop says he could still take the 5th with regard to the underlying leak).
Is he running out of money?
"The appeal would lead only to a retrial," Wells said, "a process that would last even beyond the two years of supervised release, cost millions of dollars more than the fine he has already paid, and entail many more hundreds of hours preparing for an all-consuming appeal and retrial."
Calling Henry Waxman…