Saturday, October 29, 2005


Rumors on Thursday (Erev Fitznukkah/Fitzmas eve) indicated that Rove had escaped an immediate indictment by offering new information which lead the prosecutor to delay indicting.
Now, The Raw Story reports that the leak investigation is not over:
While many people were left confused by news reports that said Rove wouldn't be indicted Friday, the lawyers said that Rove remains under intense scrutiny and added that Fitzgerald is betting on the fact that he can secure an indictments against him or other officials on charges of perjury, obstruction of justice, the misuse of classified information, and possibly other charges, as early as next week.

“This investigation is not yet over,” one of the lawyers in the case said. “You must keep in mind that people like Mr. Rove are still under investigation. Rather than securing an indictment on perjury charges against Mr. Rove Mr. Fitzgerald strongly believes he can convince the grand jury that he broke other laws.”
The Raw Story has been pretty good with its hints thus far, but there's something to bear in mind. Up to now, lawyers on Fitzgerald's side haven't been talking, so leaks attributed to "lawyers in the case" should be treated as leaks from the attorney of a defendant or potential defendant.

I have trouble imagining a reason for Rove's lawyers to be leaking that

in the past month Fitzgerald has obtained explosive information in the case that has enabled him to pursue broader charges such as conspiracy, and civil rights violations against targets like Rove. Rove could also provide information that would allow Fitzgerald to target additional officials.
That is, unless they are trying to signal Fitzgerald that they're ready to talk deal. And Fitzgerald will only talk deal if Rove can offer something big, and that means someone higher ranking than the VP's chief of staff and the President's deputy CoS. There are about 3 people who fit that bill: Andy Card, Dick Cheney, and President Bush.

Fitzgerald has Libby cold, the question is who goes down with him.

If this were a mafia case, I wouldn't be surprised to see plea deals cropping up all over. But Rove and Libby can be pretty confident that they'll get pardoned in the end so long as they protect Bush and Cheney. So why should they deal? Why not take the obstruction rap, stonewall the prosecution, lie like hell to protect their bosses, and take the get out of jail free card when the time comes?

There are moving parts here that we haven't yet seen.