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Fitzgerald Investigation of Leak of Identity of CIA Agent

 
 
squinney
 
  1  
Reply Sat 17 Sep, 2005 06:29 pm
It is now being reported that Bolton has indeed visited Judy in jail. Now why would he do that?

http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1001138705
0 Replies
 
blatham
 
  1  
Reply Sun 18 Sep, 2005 08:34 am
hi squinney

Not much of a surprise, that visitor. Wouldn't you just love a transcript of the conversation.
0 Replies
 
squinney
 
  1  
Reply Wed 21 Sep, 2005 06:19 am
Well, looks like Ariana may have made a Bolton / Judy connection (I know, I know, she isn't a real reporter. But she might be right so I'll post it.)

Plamegate: The John Bolton Connection

Quote:
...I'm now hearing that the investigation may be inching closer to never-confirmed UN Ambassador John Bolton.

According to two sources, Bolton's former chief of staff, Fred Fleitz, was at least one of the sources of the classified information about Valerie Plame that flowed through the Bush administration and eventually made its way into Bob Novak's now infamous column.

After delving into Fleitz, I can safely report that he is, at a minimum, a very interesting character.

He is a career CIA agent who Bolton handpicked to join him at Foggy Bottom, having gotten to know him during the administration of the first President Bush. While working as Bolton's top aide, Fleitz also continued his work in the CIA's WINPAC division, the group responsible for some of the worst prewar intelligence on Iraq (for instance, they were, among other things, big fans of Curveball and had "high confidence" in the presence of WMD in Iraq).

"I perform liaison function for the [CIA] and Mr. Bolton," Fleitz told the Senate Foreign Relations Committee in April 2005 [pdf]. What he would have said if he'd been given truth serum is: "I've kept my CIA portfolio, which made it easier to become an intel-gathering machine for Bolton, who in turn was Cheney's spear-carrier in the State Department -- working tirelessly to undermine Powell and Armitage while, at the same time, feeding the intel to Miller and the New York Times."

Over the years, Fleitz earned a reputation as Bolton's chief enforcer, a swashbuckler willing to go the extra mile to make the intel fit the desired policy -- even if it meant knocking a few heads. And his dual role (serving what he called his "two bosses") put him in the position to pick up -- and deliver to Bolton -- all kinds of informationÂ… including, perhaps, the spousal standing of a certain CIA analyst named Valerie. Even though Plame was in operations and Fleitz was in WINPAC, he obviously was in a position to know.

So when Joe Wilson started making a stink about faulty intel, you can bet that those whose raison d'etre had been spreading faulty intel would move mountains to discredit him. This is a key point because, in the end, Plamegate isn't about the outing of...
0 Replies
 
Cycloptichorn
 
  1  
Reply Wed 21 Sep, 2005 06:29 am
Do you remember why Bolton wasn't confirmed by the Senate?

It had to do with documents the WH wouldn't turn over; specifically, NSA intercepts on AMERICANS that weren't supposed to happen.

Now I wonder exactly what it was that he found out in those intercepts...

It will be an interesting fall, for sure...

Cycloptichorn
0 Replies
 
Chrissee
 
  1  
Reply Wed 21 Sep, 2005 08:04 am
What is still baffling is that Judith Miller would rather sit in jail rather than spill whatever beans are in her sack. I wonder if Fitzpatrick has offered her immunity?
0 Replies
 
squinney
 
  1  
Reply Wed 21 Sep, 2005 01:27 pm
If she speaks up, what does she get?

If she keeps quiet what will she get?

I imagine the payoff for keeping quiet is much more substantial.
0 Replies
 
BumbleBeeBoogie
 
  1  
Reply Sun 2 Oct, 2005 08:40 am
Prosecutor in Plame Case May Seek Conspiracy Charges
Prosecutor in Plame Case May Seek Conspiracy Charges
By E&P Staff
Published: October 02, 2005 10:20 AM ET

Many observers of the unfolding Plame/CIA case lament the revelations in the federal grand jury probe but suggest it may all be in vain because the level of malfeasance may not produce a specific criminal charge. But that doesn't mean serious charges--including far-ranging ones, connecting the offices of Karl Rove and Vice President Dick Cheney--could not be brought, via the "conspiracy" route.

Prosecutor Patrick J. Fitzgerald may announced his intentions as early as this week, now that Judith Miller has testified.

In article in The Washington Post, Jim VandeHei and Walter Pincus (who has himself testified in this case), sketch out what Fitzgerald may, in fact, be up to:

"Many lawyers in the case have been skeptical that Fitzgerald has the evidence to prove a violation of the Intelligence Identities Protection Act, which is the complicated crime he first set out to investigate, and which requires showing that government officials knew an operative had covert status and intentionally leaked the operative's identity.

"But a new theory about Fitzgerald's aim has emerged in recent weeks from two lawyers who have had extensive conversations with the prosecutor while representing witnesses in the case.

"They surmise that Fitzgerald is considering whether he can bring charges of a criminal conspiracy perpetrated by a group of senior Bush administration officials. Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials agreed to take affirmative steps to discredit and retaliate against Wilson and leak sensitive government information about his wife. To prove a criminal conspiracy, the actions need not have been criminal, but conspirators must have had a criminal purpose.

"Lawyers involved in the case interviewed for this report agreed to talk only if their names were not used, citing Fitzgerald's request for secrecy.

"One source briefed on Miller's account of conversations with [I. Lewis] Libby said it is doubtful her testimony would on its own lead to charges against any government officials. But, the source said, her account could establish a piece of a web of actions taken by officials that had an underlying criminal purpose.

"Conspiracy cases are viewed by criminal prosecutors as simpler to bring than more straightforward criminal charges, but also trickier to sell to juries. 'That would arguably be a close call for a prosecutor, but it could be tried,' a veteran Washington criminal attorney with longtime experience in national security cases said yesterday."
--------------------------------------------------------------------------------
E&P Staff ([email protected])

Links referenced within this article

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Find this article at:
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1001220140
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BumbleBeeBoogie
 
  1  
Reply Sun 2 Oct, 2005 08:48 am
A Timeline in the Judith Miller/CIA Leak Case
A Timeline in the Judith Miller/CIA Leak Case
By The Associated Press
Published: September 30, 2005
NEW YORK (AP)

A timeline in the case of Judith Miller, a New York Times reporter jailed for 85 days after refusing to divulge her sources to a prosecutor investigating the Bush administration's role in leaking a CIA officer's identity:

February 2002: Former Ambassador Joseph Wilson is asked by the Bush administration to travel to Niger to check out an intelligence report that Niger sold yellowcake uranium to Iraq in the late 1990s for use in nuclear weapons.

Jan. 28, 2003: In the State of the Union address, President Bush states that "The British government has learned that Saddam Hussein recently sought significant quantities of uranium from Africa" but does not mention that U.S. agencies had questioned the validity of the British intelligence.

July 6: In a New York Times op-ed piece, Wilson writes that he could not verify that Niger sold uranium yellowcake to Iraq.

July 14: Columnist Robert Novak identifies Wilson's wife, Valerie Plame, as "a (CIA) operative on weapons of mass destruction." Novak cites "two senior administration officials" as his sources.

July 17: Matthew Cooper writes on Time.com that government officials have told him Wilson's wife is a CIA official monitoring WMD. Another article appears in the magazine's July 21 print issue.

Sept 29-30: The Justice Department informs then-White House counsel Alberto R. Gonzales that it has opened an investigation into possible unauthorized disclosures concerning the identity of an undercover CIA employee. Gonzales informs the president the next day. Bush tells reporters: "I don't know of anybody in my administration who leaked classified information. If somebody did leak classified information, I'd like to know it, and we'll take the appropriate action."

Dec. 30: Chicago U.S. attorney Patrick J. Fitzgerald is named special counsel to investigate whether a crime was committed.

May 21, 2004: A grand jury subpoenas Cooper and Time Inc., seeking testimony and documents. Time says it will fight subpoena.

Aug 9: U.S. District Judge Thomas F. Hogan's rejects claims that the First Amendment protects Cooper from testifying and finds them in contempt of court. Time magazine appeals the ruling.

Aug 12 and 14: The grand jury subpoenas New York Times reporter Judith Miller, who gathered material for a story but never wrote one. The New York Times says it will fight subpoena.

Aug 24: Cooper agrees to give a deposition after Lewis "Scooter" Libby, Vice President Dick Cheney's chief of staff, personally releases Cooper from a promise of confidentiality.

Sept 13: According to court documents, the grand jury issues a further subpoena to Cooper seeking additional information relating to the case. Cooper and Time move to quash the subpoena.

Oct 7: Miller held in contempt.

Oct. 13: Cooper and Time held in contempt.

Feb. 15, 2005: Appeals court rules against Miller and Cooper. Both Time magazine and The New York Times appeal to the Supreme Court.

June 27: The Supreme Court refuses to intervene.

July 1: Time magazine agrees to comply with a court order to turn over Cooper's notes, e-mail and other documents. Cooper and Miller continue to refuse to divulge sources.

July 6: U.S. District Judge Thomas Hogan sends Miller to jail for refusing to divulge her source. Cooper agrees to name his source after receiving permission from the source to do so.

Sept. 29: After 85 days behind bars, Miller is released from the city jail in Alexandria, Va., after agreeing to testify before a grand jury. She says in a statement that her source has "voluntarily and personally released me from my promise of confidentiality."

Sept. 30: Miller testifies at the federal courthouse in downtown Washington, ending her silence in the investigation.
--------------------------------------------------------------------------------

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0 Replies
 
BumbleBeeBoogie
 
  1  
Reply Sun 2 Oct, 2005 08:51 am
Subpoena Required Miller to Turn Over Notes
'NY Times' Attorney Says Subpoena Required Miller to Turn Over Notes
By Joe Strupp
Published: September 30, 2005 4:10 PM ET
NEW YORK

The subpoena ordering New York Times reporter Judith Miller to testify before a federal grand jury, which she did on Friday, had always included a demand for her personal notes on her key conversations with "the source" in this case, a Times attorney told E&P. The notes were written on note pads, not on her newspaper's electronic system.

He also confirmed that the notes had been "redacted" before they were turned over to the prosecutor.

George Freeman, Times assistant general counsel, said the court order for Miller to answer questions in the Valerie Plame investigation would not have been completely fulfilled without the notes. "That is part and parcel of the whole thing," Freeman said about an hour after Miller testified Friday. "They were her personal notes, her note pads. I don't know what was in them and I am not going to guess. I did not go through them."

Freeman did not say who had redacted them. A Times story Friday reported that Robert Bennett, Miller's attorney, had provided an "edited" version of the notes to the prosecutor.

Miller's release occurred after she agreed to testify following what were reportedly weeks of discussions between her lawyers, federal prosecutor Patrick Fitzgerald, and the source, which has been reported by several news outlets to be I. Lewis Libby, Vice President Dick Cheney's chief of staff.

Miller said Friday after her testimony that she agreed to testify only after her source verbally assured her that he had waived his right to confidentiality, and after prosecutors agreed to limit the scope of her testimony. Although Libby had signed a general waiver last year, Miller did not consider that enough of an exception, Freeman said.

"The key was after her source called her and convinced her that the waiver he was giving her was not coerced and that he really meant it," Freeman said, referring to a Libby call to Miller earlier this month. "That really changed it because it is different than a letter. It is very different than a written form you are forced to sign. A written form the government makes you sign is not a waiver."

Others have wondered, however, why Miller did not ask for this personal assurance earlier.

Freeman said a letter from Fitzgerald written earlier this month had allowed the conversation between Miller and her source to occur. "There was a letter from the special prosecutor saying that he would not consider a conversation between them to be any kind of obstruction of justice," Freeman said, adding that that concern had kept Miller from speaking with the source sooner. "That seemed to clear the way."

Still, this doesn't explain why this couldn't have happened much sooner, perhaps before Miller went to jail.

Freeman praised Fitzgerald's effort at trying to end the stalemate be giving the source the freedom to speak to Miller. "He was very professional," Freeman added. "I'm not happy that he put her in jail, but I think the letter he wrote was a professional attempt at trying to resolve this thing."

He would not speculate on what occurred in the testimony, but said Miller's part in the case is over. "I think it reconfirms the need to get a federal shield law passed," he added. "That would have avoided all of this."
--------------------------------------------------------------------------------
Joe Strupp ([email protected]) is a senior editor at E&P.

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0 Replies
 
BumbleBeeBoogie
 
  1  
Reply Sun 2 Oct, 2005 09:01 am
Role of Rove, Libby in CIA Leak Case Clearer
Role of Rove, Libby in CIA Leak Case Clearer
Bush and Cheney Aides' Testimony Contradicts Earlier White House Statement
By Jim VandeHei and Walter Pincus
Washington Post Staff Writers
Sunday, October 2, 2005; A05

As the CIA leak investigation heads toward its expected conclusion this month, it has become increasingly clear that two of the most powerful men in the Bush administration were more involved in the unmasking of operative Valerie Plame than the White House originally indicated.

With New York Times reporter Judith Miller's release from jail Thursday and testimony Friday before a federal grand jury, the role of I. Lewis "Scooter" Libby, Vice President Cheney's chief of staff, came into clearer focus. Libby, a central figure in the probe since its earliest days and the vice president's main counselor, discussed Plame with at least two reporters but testified that he never mentioned her name or her covert status at the CIA, according to lawyers in the case.

His story is similar to that of Karl Rove, President Bush's top political adviser. Rove, who was not an initial focus of the investigation, testified that he, too, talked with two reporters about Plame but never supplied her name or CIA role.

Their testimony seems to contradict what the White House was saying a few months after Plame's CIA job became public.

In October 2003, White House spokesman Scott McClellan told reporters that he personally asked Libby and Rove whether they were involved, "so I could come back to you and say they were not involved." Asked if that was a categorical denial of their involvement, he said, "That is correct."

What remains a central mystery in the case is whether special prosecutor Patrick J. Fitzgerald has accumulated evidence during his two-year investigation that any crime was committed. His investigation has White House aides and congressional Republicans on edge as they await Fitzgerald's announcement of an indictment or the conclusion of the probe with no charges. The grand jury is scheduled to expire Oct. 28, and lawyers in the case expect Fitzgerald to signal his intentions as early as this week.

Fitzgerald is investigating whether anyone illegally disclosed Plame's name or undercover CIA job in retaliation against her husband, Joseph C. Wilson IV. In the summer of 2003, Wilson, a former diplomat, accused the White House of using "twisted" intelligence to justify the invasion of Iraq.

He claimed firsthand evidence: At the behest of the CIA, he had flown to Niger in February 2002 to investigate the administration's assertion that Iraq was trying to purchase uranium in the African nation for use in its nuclear weapons program. Wilson returned unconvinced the assertion was true. However, Bush himself made the charge in his 2003 State of the Union address, prompting Wilson to spread word throughout the government and eventually make public his rebuttal.

Many lawyers in the case have been skeptical that Fitzgerald has the evidence to prove a violation of the Intelligence Identities Protection Act, which is the complicated crime he first set out to investigate, and which requires showing that government officials knew an operative had covert status and intentionally leaked the operative's identity.

But a new theory about Fitzgerald's aim has emerged in recent weeks from two lawyers who have had extensive conversations with the prosecutor while representing witnesses in the case. They surmise that Fitzgerald is considering whether he can bring charges of a criminal conspiracy perpetrated by a group of senior Bush administration officials. Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials agreed to take affirmative steps to discredit and retaliate against Wilson and leak sensitive government information about his wife. To prove a criminal conspiracy, the actions need not have been criminal, but conspirators must have had a criminal purpose.

Lawyers involved in the case interviewed for this report agreed to talk only if their names were not used, citing Fitzgerald's request for secrecy.

One source briefed on Miller's account of conversations with Libby said it is doubtful her testimony would on its own lead to charges against any government officials. But, the source said, her account could establish a piece of a web of actions taken by officials that had an underlying criminal purpose.

Conspiracy cases are viewed by criminal prosecutors as simpler to bring than more straightforward criminal charges, but also trickier to sell to juries. "That would arguably be a close call for a prosecutor, but it could be tried," a veteran Washington criminal attorney with longtime experience in national security cases said yesterday.

Other lawyers in the case surmise Fitzgerald does not have evidence of any crime at all and put Miller in jail simply to get her testimony and finalize the investigation. "Even assuming . . . that somebody decided to answer back a critic, that is politics, not criminal behavior," said one lawyer in the case. This lawyer said the most benign outcome would be Fitzgerald announcing that he completed a thorough investigation, concluded no crime was committed and would not issue a report.

The campaign to discredit Wilson's accusations came at a critical moment in the Bush presidency. It occurred a few months after the United States invaded Iraq and at a time when Bush, Cheney and the entire administration were under extraordinary pressure to back up their prewar allegations that Iraq had large stockpiles of chemical weapons and was working on a nuclear weapons program.

The Niger claim was central to the White House's rationale for war, and Wilson was on a one-man crusade to disprove it. Early on, his actions caught the eye of the vice president's office, which was often the emotional and intellectual force pushing the United States to war based on fears of potential weapons of mass destruction in Iraq. Cheney and Libby were intimately involved in building the case for the war, which included warnings that Iraqi President Saddam Hussein was actively pursuing nuclear weapons.

Cheney's staff was looking into Wilson as early as May 2003, nearly two months before columnist Robert D. Novak identified Wilson's wife as a CIA operative, according to administration sources familiar with the effort. What stirred the interest of the vice president's office was a May 6 New York Times column by Nicholas D. Kristof in which the mission to Niger was described without using Wilson's name. Kristof's column said Cheney had authorized the trip.

According to former senior CIA officials, the vice president's office pressed the CIA to find out how the trip was arranged, because Cheney did not know that a query he made much earlier to a CIA briefer about a report alleging Iraq was seeking Niger uranium had triggered Wilson's trip. "They were very uptight about the vice president being tagged that way," a former senior CIA official said, speaking on the condition of anonymity because of the ongoing investigation. "They asked questions that set [off] a chain of inquiries."

By early June, several weeks before Libby is said to have known Plame's name, the State Department had prepared a memo on the Niger case that contained information on Plame in a section marked "(S)" for secret. Around that time, Libby knew about the trip's origins, though in an interview with The Washington Post at the time, he did not mention any role played by Wilson's wife.

By July 12, however, both Rove and Libby and perhaps other senior White House officials knew about Wilson's wife's position at the CIA and, according to lawyers familiar with testimony in the probe, used that information with reporters to undermine the significance of Wilson's trip.
--------------------------------------------------

Staff writer Carol D. Leonnig contributed to this report.
0 Replies
 
BumbleBeeBoogie
 
  1  
Reply Mon 3 Oct, 2005 10:21 am
Miller Attorney Says He Tried to Cut a Deal a Year Ago
This demonstrates how phony Judy Miller's pretense to a noble cause was. She was more interested in protecting herself than she was concerned about protecting her source. She is up to her eyeballs in outing Valerie Plane. ---BBB

Miller Attorney Says He Tried to Cut a Deal a Year Ago
Judith Miller
By Adam Entous, Reuters
Published: October 02, 2005 10:00 PM ET

New York Times reporter Judith Miller tried a year ago to make a deal with the prosecutor investigating the leak of a CIA operative's identity but the prosecutor would not agree then to limit her testimony to Vice President Dick Cheney's top aide, her lawyer said on Sunday.

Some lawyers involved in the case said prosecutor Patrick Fitzgerald's decision to reject the deal a year ago -- only to agree last week to limit the scope of Miller's testimony to the subject of Cheney's chief of staff, Lewis "Scooter" Libby -- suggested Libby may have become increasingly important to wrapping up Fitzgerald's case.

After spending 85 days in jail for refusing to name Libby as her source, Miller testified before the grand jury on Friday about two conversations she had with him in July 2003.

Lawyers said her testimony should clear the way for Fitzgerald later this month to conclude his 2-year-old inquiry into who leaked CIA operative Valerie Plame's identity and whether anyone broke the law in doing so, lawyers say.

Fitzgerald had indicated he could wrap up his investigation once he obtained Miller's cooperation. The grand jury considering the case is scheduled to expire on Oct. 28.

Floyd Abrams, one of Miller's lawyers, told CNN: "I tried to get a deal a year ago."

But Abrams said that when he spoke to Fitzgerald about it at the time, he would not agree to limit his questions "to assure that the only source he would effectively be asking about was Mr. Libby."


Fitzgerald's spokesman was not immediately available to comment on Abrams' account of the offer.

One lawyer involved in the case said Fitzgerald's change of mind "suggests that he doesn't think he needs to hear about anybody else" but Libby.

Fitzgerald could bring indictments in the case or he could conclude no crime was committed and end his investigation. Lawyers involved in the case said he could signal his intentions as early as this week.

In addition to Libby, Fitzgerald's investigation has ensnarled President George W. Bush's top political adviser, Karl Rove. The White House had long maintained that Rove and Libby had nothing to do with the leak but reporters have since named them as sources.

Plame's diplomat husband, Joseph Wilson, has said the administration leaked her name, damaging her ability to work undercover, in order to get back at him for criticizing Bush's Iraq policy.

Recriminations have broken out between lawyers over why Miller had not accepted a waiver sooner. She was sent to jail on July 6 although she never wrote an article about the Plame matter.

"While Judy Miller sat in jail for 85 days and Mr. Libby knew that she was doing it to protect him, no call came in from him, no letter arrived from him," Abrams said on CNN.

Abrams said he spoke to Libby's attorney, Joseph Tate, before Miller went to jail. "It is true that he said to me it's OK with him (Libby) if she testifies," Abrams said.

But he added: "It's also true that, in the same conversation, he said to me that the waiver (which Tate said gave Miller his consent for her to testify) that he had signed was by its nature coerced. "How could it not be?" he said. "That's a waiver the government forces him to sign in order to stay on in the government. Otherwise he'd be fired."

Tate disputes Abrams' account of that conversation. In a Sept. 16, 2005, letter, Tate said he told Miller's attorney more than a year ago that Libby's waiver of confidentiality was "voluntary and not coerced."

Tate said he believed Miller's goal in refusing to accept that waiver was to protect other sources.

Abrams said: "She has other sources and was very concerned about the possibility of having to reveal those sources or going back to jail because of them."


That appears to conflict with comments by attorney Robert Bennett, who also represents Miller in the case. Bennett said on Friday that "Judy is not protecting anybody else."

Viewed by some as a martyr for press freedom, Miller has faced criticism for some of her prewar news reports on Iraq's alleged weapons programs. Critics say those reports helped boost the administration's case that Iraq posed a threat. No weapons of mass destruction were found.

-------------------------------------------------

Find this article at:
http://www.editorandpublisher.com/eandp/news/article_display.jsp?vnu_content_id=1001220211
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 6 Oct, 2005 04:14 pm
http://www.cnn.com/2005/POLITICS/10/06/cialeak.rove.ap/index.html

Quote:
Rove to give additional testimony in leak inquiry
Prosecutors won't guarantee that Bush advisor won't be indicted


Thursday, October 6, 2005; Posted: 5:52 p.m. EDT (21:52 GMT)

WASHINGTON (AP) -- Federal prosecutors have accepted an offer from presidential adviser Karl Rove to give 11th hour testimony in the case of a CIA officer's leaked identity but have warned they cannot guarantee he won't be indicted, according to people directly familiar with the investigation.

The persons, who spoke only on condition of anonymity because of grand jury secrecy, said Special Prosecutor Patrick Fitzgerald has not made any decision yet on whether to file criminal charges against the longtime confidant of President Bush or others.

The U.S. attorney's manual requires prosecutors not to bring witnesses before a grand jury if there is a possibility of future criminal charges unless they are notified in advance that their grand jury testimony can be used against them in a later indictment.

Previous appearances

Rove has already made at least three grand jury appearances and his return at this late stage in the investigation is unusual.

The prosecutor did not give Rove similar warnings before his earlier grand jury appearances.

Rove offered in July to return to the grand jury for additional testimony and Fitzgerald accepted that offer Friday after taking grand jury testimony from the formerly jailed New York Times reporter Judith Miller.

Before accepting the offer, Fitzgerald sent correspondence to Rove's legal team making clear that there was no guarantee he wouldn't be indicted at a later point as required by the rules.

Rove's attorney, Robert Luskin, said Thursday he would not comment on any ongoing discussion he has had with Fitzgerald's office but that he has been assured no decisions on charges have been made. Rove would first have to receive what is known as a target letter if he is about to be indicted.

"I can say categorically that Karl has not received a target letter from the special counsel. The special counsel has confirmed that he has not made any charging decisions in respect to Karl," Luskin said.

He said that Rove "continues to be cooperative voluntarily" with the special counsel investigation and "beyond that, any communication I have or may have in the future are going to be treated as completely confidential."

Gillers: 'An ominous sign'

Stephen Gillers, a New York University law professor, said it was unusual for a witness to be called back to the grand jury four times and that the prosecutor's legally required warning to Rove before this next appearance is "an ominous sign" for the presidential adviser.

"It suggest Fitzgerald has learned new information that is tightening the noose," Gillers said. "It shows Fitzgerald now, perhaps after Miller's testimony, suspects Rove may be in some way implicated in the revelation of Plame's identity or that Fitzgerald is investigating various people for obstruction of justice, false statements or perjury. That is the menu of risk for Rove."

For almost two years, Fitzgerald has been investigating whether someone in the Bush administration leaked the identity of Valerie Plame as a CIA officer for political reasons. Dozens of government officials were interviewed and box loads of documents collected.

Reporters have been called before a grand jury to testify about their conversations with Rove and I. Lewis Libby, Vice President Dick Cheney's chief of staff.

Leaking the identity of a covert agent can be a crime, but it must be done knowingly and the legal threshold for proving such a crime is high. Fitzgerald could also seek charges against anyone he thinks lied to investigators in the case.

Plame identified

The leak investigation stems from a July 2003 syndicated column by Robert Novak identifying Plame as a CIA operative. Plame is married to former Ambassador Joseph C. Wilson, who says his wife's identity was disclosed to discredit his assertions that the Bush administration exaggerated Iraq's nuclear capabilities to build the case for war.

Miller spent 85 days in jail before agreeing to testify before the grand jury. The newspaper identified Libby as her source.

Rove, Bush's top adviser on political strategy and policy, has known the president for three decades. He worked for Bush as far back as 1978, when he unsuccessfully ran for Congress. Rove orchestrated Bush's campaigns for Texas governor and president, then brought his political skills into the White House.

Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.


Heh, nice

This may be a very interesting month...

Cycloptichorn
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 6 Oct, 2005 04:19 pm
Quote:
UPDATE: Plamegate: the Next Step

This just in from the AP:

Federal prosecutors have accepted an offer from presidential adviser Karl Rove to give 11th-hour testimony in the case of a CIA officer's leaked identity but have warned they cannot guarantee he won't be indicted, according to people directly familiar with the investigation.

What this means is Rove's lawyer, Bob Luskin, believes his client is defintely going to be indicted.

So, Luskin is sending Rove back into the grand jury to try to get around the prosecutor and sell his innocence directly to the grand jurors. Legal defense work doesn't get more desperate than this. The prosecutor is happy to let Rove go under oath again--without his lawyer in the room--and try to wiggle out of the case. The prosecutor has every right to expect that Rove's final under-oath grilling will either add a count or two to the indictment or force Rove to flip and testify against someone else.


Also from the AP story, this Luskin quote:

"I can say categorically that Karl has not received a target letter from the special counsel. The special counsel has confirmed that he has not made any charging decisions in respect to Karl."

I love Luskin. I really do. He is the best legal curve ball pitcher in Washington. How is the AP reporter supposed to know that prosecutors do not have to send target letters to targets? Mafia lawyers are not sitting around waiting for target letters.

Fitzgerald could have told Luskin verbally that Rove is a target. And because Fitzgerald is not subpoening Rove to testify, he has no obligation to send him a target letter.

If Fitzgerald told Luskin that the grand jury was very likely to indict Rove, Luskin can very honestly say, "The special counsel has confirmed that he has not made any charging decisions in respect to Karl."

As usual, Luskin has said nothing that is inconsitent with Rove being indicted. But it usually takes the MSM a news cycle or two to figure that out.


http://www.huffingtonpost.com/lawrence-odonnell/update-plamegate-the-ne_b_8457.html

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Thu 6 Oct, 2005 06:47 pm
O'Donnell is an idiot. Rove offered back in July to re-testify, and Fitzgerald took him up on that offer last Friday, after taking testimony from Miller. Prosecutors are in charge of grand juries, not attorneys for potential witnesses.

Certainly the fact that Fitzgerald wouldn't tell Rove he wouldn't be indicted does not bode well for Rove, but that wasn't O'Donnell's point.

Did I mention O'Donnell is an idiot?
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 6 Oct, 2005 06:50 pm
Oh, mmm hmm. You mentioned it.

Cycloptichorn
0 Replies
 
squinney
 
  1  
Reply Thu 6 Oct, 2005 08:48 pm
Why on earth would Rove volunteer to testify a fourth time???

Sounds suicidal to me.

Or, he thinks he's so "all that" that he can pull the wool over everyones eyes if he gets another shot at spinning.
0 Replies
 
kelticwizard
 
  1  
Reply Fri 7 Oct, 2005 01:00 am
Ticomaya wrote:
Certainly the fact that Fitzgerald wouldn't tell Rove he wouldn't be indicted does not bode well for Rove, but that wasn't O'Donnell's point.


Seems to me that O'Donnell's point is this.
O'Donnell wrote:
As usual, Luskin has said nothing that is inconsitent with Rove being indicted.


Do you have any disagreement with that quote?
0 Replies
 
Ticomaya
 
  1  
Reply Fri 7 Oct, 2005 08:10 am
kelticwizard wrote:
Ticomaya wrote:
Certainly the fact that Fitzgerald wouldn't tell Rove he wouldn't be indicted does not bode well for Rove, but that wasn't O'Donnell's point.


Seems to me that O'Donnell's point is this.
O'Donnell wrote:
As usual, Luskin has said nothing that is inconsitent with Rove being indicted.


Do you have any disagreement with that quote?


I have no disagreement with that quote, but I disagree with your assertion that that was O'Donnell's point.

This was his point:

Quote:
What this means is Rove's lawyer, Bob Luskin, believes his client is defintely going to be indicted.

So, Luskin is sending Rove back into the grand jury to try to get around the prosecutor and sell his innocence directly to the grand jurors. Legal defense work doesn't get more desperate than this.


That was the point he made, and it is total and complete BS.
0 Replies
 
revel
 
  1  
Reply Fri 7 Oct, 2005 08:31 am
What is so BS in saying that Karl Rove is desperate if he thinks he needs to testify a fourth time? It shouldn't take four times to tell the straight foward truth.
0 Replies
 
Ticomaya
 
  1  
Reply Fri 7 Oct, 2005 09:00 am
revel wrote:
What is so BS in saying that Karl Rove is desperate if he thinks he needs to testify a fourth time? It shouldn't take four times to tell the straight foward truth.


He's cooperating with the grand jury, so back in July he offered to testify further if Fitzgerald deemed it necessary. At the grand jury proceeding, Fizgerald asks him questions ... Rove isn't appearing at his own request to present a narrative as you've suggested.
0 Replies
 
 

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