October 06, 2005

Rove to Testify Friday

The NYT describes Rove as being summoned by Fitzgerald, and not the other way around, and says things aren't looking good for the White House:

The special prosecutor in the C.I.A. leak case has summoned Karl Rove, the senior White House adviser, to return next week to testify to a federal grand jury in a step that could mean there will be charges filed in the case, lawyers in the case said today.

The prosecutor, Patrick J. Fitzgerald, has held discussions in recent days with lawyers for several Bush administration officials suggesting that that he is considering whether to charge them with a crime over the disclosure of an intelligence operative's identity in a 2003 newspaper column.

But some of the lawyers said Mr. Fitzgerald indicated that he had not yet made up his mind about whether to accuse anyone with wrongdoing and would use the coming weeks before the grand jury expires on Oct. 28 to decide the issue.

Mr. Fitzgerald's conversations with lawyers since late last week have left an ominous cloud hanging over the inquiry, sweeping away assurances from a number of officials and their lawyers that Mr. Fitzgerald was unlikely to find criminal wrongdoing.

In coming days, Mr. Fitzgerald is likely to request that several White House officials return to the grand jury to testify about their actions in the case - appearances that are believed to be decisive as the prosecutor proceeds toward a decision on whether to file charges.

Mr. Fitzgerald is also re-examining grand jury testimony by I. Lewis Libby, the vice president's chief of staff, the lawyers said, but it is unknown whether he too has been asked to appear again before the grand jury. His lawyer, Joseph Tate, did not respond to telephone messages left at his office today.

Robert D. Luskin, a lawyer for Mr. Rove, said Mr. Rove has not received a target letter. Target letters are sometimes used by prosecutors to advise people that they are likely to be charged with a crime. Mr. Luskin said today that "the special counsel has said that he has made no charging decision."

Mr. Luskin has said he had offered for Mr. Rove to return to the grand jury if needed to clarify any questions that were raised by the testimony in July by Matthew Cooper, a reporter for Time magazine, who was questioned about a conversation that he with Mr. Rove regarding Mr. Wilson's trip in July 2003.

"Karl's consistent position is that he will cooperate any time, any place," Mr. Luskin said.

Several lawyers expressed surprise and concern over the recent turn of events and are increasingly convinced that Mr. Fitzgerald could charge someone with a crime for discussing with journalists the identity of an undercover officer of the Central Intelligence Agency...

Investigative journalist Murray Waas, who has broken several stories on the Plame case, reports on his blog that Rove is appearing before the grand jury in the morning. Reports Waas:

White House deputy chief of staff Karl Rove will testify tomorrow morning for a fourth time before the federal grand jury investigating the Valerie Plame matter, according to sources close to the investigation.

Rove will appear voluntarily, but during tomorrow's session, Rove will be pressed about issues as to why his accounts to the FBI and grand jury have changed, or evolved, over time. He will also be questioned regarding contacts with other senior administration officials, such as then-deputy National Security advisor Stephen J. Hadley and I. Lewis Libby, the chief of staff to Vice President Dick Cheney in the critical week before the publication of columnist Robert Novak's column on July 14, 2003, which outed Plame as a covert CIA operative.

Rove is also likely to be asked more detailed questions about his conversation with Time magazine Matthew Cooper on July 11, 2003, in which Cooper himself has testified to the grand jury that Rove had told him that Valerie Plame was employed by the CIA, and had played a role in having her husband, ambassador Joseph C. Wilson IV, selected to go on his controversial fact-finding mission on behalf of the CIA. Rove's previous grand jury appearances had occurred prior to Cooper's own testimony to the grand jury.

And this from the LA Times:

...The last-minute testimony from Rove adds to a growing list of woes for the White House, and coincides with a period in which Rove has been much less visible. He is currently away on a family trip, Luskin said today.

Rove's appearance before the grand jury would occur as the panel nears the end of its term under the guidance of special prosecutor Patrick J. Fitzgerald.

Among other avenues, Fitzgerald has been investigating whether White House officials, including Rove and I. Lewis Libby, Vice President Dick Cheney's chief of staff, were fully forthcoming with investigators about their knowledge of Plame and how her name became public...

In Washington, talk of imminent indictments — of Rove alone or with others as part of a conspiracy — was overheard in the corridors of the FBI, Justice Department and White House, according to several officials. One Bush administration official who was in a meeting with Rove this week said he seemed "his usual self." ...

At the Justice Department, officials said that the wall between their prosecutors and Fitzgerald has kept even the slightest details about the investigation compartmentalized.

But in recent days, speculation at the department has grown regarding Fitzgerald's plans as the probe appears to be drawing to a conclusion. There have been indications that the prosecutor plans to initiate some proceedings soon.

Today, that speculation increased significantly with reports of Rove's reappearance before the grand jury, which one Justice Department official said was clearly an ominous sign for Rove and the White House.

"Certainly, it's not particularly good," said the Justice Department official. "What, exactly, the significance is, I can't say. But it can't be good."

Posted by Laura at October 6, 2005 07:43 PM