Cover-Up Issue Is Seen as Focus in Leak Inquiry

[cal04]

By DAVID JOHNSTON
Published: October 21, 2005

As he weighs whether to bring criminal charges in the C.I.A. leak case, Patrick J. Fitzgerald, the special counsel, is focusing on whether Karl Rove, the senior White House adviser, and I. Lewis Libby Jr., chief of staff for Vice President Dick Cheney, sought to conceal their actions and mislead prosecutors, lawyers involved in the case said Thursday. Among the charges that Mr. Fitzgerald is considering are perjury, obstruction of justice and false statement - counts that suggest the prosecutor may believe the evidence presented in a 22-month grand jury inquiry shows that the two White House aides sought to cover up their actions, the lawyers said.

Mr. Rove and Mr. Libby have been advised that they may be in serious legal jeopardy, the lawyers said, but only this week has Mr. Fitzgerald begun to narrow the possible charges. The prosecutor has said he will not make up his mind about any charges until next week, government officials say. With the term of the grand jury expiring in one week, though, some lawyers in the case said they were persuaded that Mr. Fitzgerald had all but made up his mind to seek indictments. None of the lawyers would speak on the record, citing the prosecutor's requests not to talk about the case.

Associates of Mr. Rove and Mr. Libby continued to express hope that the prosecutor would conclude that the evidence was too fragmentary and that it would be difficult to prove Mr. Rove or Mr. Libby had a clear-cut intention to misinform the grand jury. Lawyers for the two men declined to comment on their legal status. The case has cast a cloud over the White House, as has the Congressional criticism over the Supreme Court nomination of Harriet E. Miers. On Thursday, responding to a reporter's question, Mr. Bush said: "There's some background noise here, a lot of chatter, a lot of speculation and opining. But the American people expect me to do my job, and I'm going to."

The possible violations under consideration by Mr. Fitzgerald are peripheral to the issue he was appointed in December 2003 to investigate: whether anyone in the administration broke a federal law that makes it a crime, under certain circumstances, to reveal the identity of a covert intelligence officer. But Mr. Rove and Mr. Libby may not be the only people at risk. There may be others in the government who could be charged for violations of the disclosure law or of other statutes, like the espionage act, which makes it a crime to transmit classified information to people not authorized to receive it. It is still not publicly known who first told the columnist Robert D. Novak the identity of the C.I.A. officer, Valerie Wilson. Mr. Novak identified her in a column on July 14, 2003, using her maiden name, Valerie Plame. Mr. Fitzgerald knows the identity of this source, a person who is not believed to work at the White House, the lawyers said.

rest of the article
http://www.nytimes.com/2005/10/21/politics/21leak.html?hp&ex=1129867200&en=0304bde7ed94ce48&ei=5094&partner=homepage

[DemsUnited]

1. Not much new, here, but the fact that Rove and/or Libby lawyers are saying

things like: "Mr. Rove and Mr. Libby have been advised that they may be in serious legal jeopardy, the lawyers said, but only this week has Mr. Fitzgerald begun to narrow the possible charges" really make it seem as if the odds are on indictments.

[Trajan]

5. The language has changed ....

The term 'cover up' is now being bandied about ... publically ....

I was alive and aware during the Watergate debacle .... The SAME phrasing is what woke the public up .....

This is huge .... and could lead to "What did the President know, and when did he know it ? " ....

It seems the Fitz is only at odds with himself .. it is HIS choice what charges will ultimately be brought ... and he seems a tad pissed that he has been lied to ....

[rodeodance]

7. not much being said about this.

......"What did the President know, and when did he know it ? " ....

[goforit]

2. And how accurate is the NYT today?.....not very!

[JoFerret]

39. They are so steamed at what Judith Miller

...did and got away with that they are ready to go after this story with vigor. They want this story out now.

[MarsThe Cat]

3. it's ALWAYS the cover-up that gets them...

and yet, it's ALWAYS the cover-up that gets them...

it never changes.

[Hissyspit]

11. yup.

[jsamuel]

4. Bolton Bolton Bolton Bolton

[Roland99]

14. I doubt it was Ari.

;)


Bolton's my guess.


Can you picture Bolton going postal when he gets indicted?

[grytpype]

6. Super important article. RECOMMEND!! My analysis...

Lots of new and important information here folks. Here's what I get out of it:

1. Indictments are virtually certain. At a minimum, Rove and Libby will be indicted for cover-up crimes: perjury, obstruction of justice, and false statement.

2. Indictment of other persons is possible. This article says Fitzgerald is focusing on the coverup, but we have read previously that Fitzgerald is focusing on the WHIG and Cheney's personal involvement. Both could be true. It's not the coverup OR the crime, its AND the crime.

3. Novak's other source might not be from the White House. "Mr. Fitzgerald knows the identity of this source, a person who is not believed to work at the White House, the lawyers said." Any guesses as to who it might be? Because I can't think of anything.

[notadmblnd]

9. Bolton, Bolton, Bolton

that's what I'm hoping for anyway.

[are_we_united_yet]

10. The Wingnuts say the other source is:

Clinton!

:crazy:

[Demoiselle]

15. If I were considering indictments on the crime itself, I might

throw the press the bone of "coverup" charges both to protect the material proof of the criminal case until the last possible moment--and also to try to flip a few more folks...ah well...we'll know soon.

[Garbo 2004]

19. Novak cited two senior administration officials as his sources in his

Plame column. If this indeed was the case and if the original source was someone not working at the White House, that still leaves open the possibility that it's someone in the office of the Vice President. The formal office of the VP and VP staff are located in the Old Executive Building, not the White House.

But Novak isn't exactly a paragon of truth. His story changed depending upon he was talking to and as circumstances changed.

One thing that is known, via Wilson, is that on July 8, 6 days before his Plame column appeared, Novak was telling an apparent stranger on the street that Wilson's wife worked at the CIA as a WMD specialist and she had sent Wilson on his trip to Africa.

[sallyseven]

40. Bolton.

[Tiggeroshii]

8. He's finally spoke.!

He says he won't make decisions till next week. One more week folks, the tension will be set loose!

:popcorn:

[SpiralHawk]

12. Gannon is the one who told Novak

That's my story and I'm stickin to it -- until we either get Facts or NoFacts.

[Tigress DEM]

16. Why don't you think Judy Miller?

Either that or whoever they talked to both referred to Valerie as Valerie FLAME not Plame. Isn't that like typing with the same old fashioned typewriter that has a goofy key that makes a distinctive strike.

[Rich Hunt]

17. that's a funny characterization

Some people have a habit of doing that.

[Tigress DEM]

18. You must be in IT.

Minimal response. I'm sure you know exactly what you meant, but I'm not sure what you're saying exactly.

[lovuian]

13. Ya Bolton!!!

:bounce:

[Algorem]

20. Report: Rove may face 'serious' jeopardy (no decision til next week)

http://www.upi.com/NewsTrack/view.php?StoryID=20051020-113829-1145r

NEW YORK, Oct. 20 (UPI) -- ...

Fitzgerald is focusing on whether President Bush's top adviser Karl Rove and Vice President Cheney's chief of staff I. Lewis Libby Jr. tried to mislead prosecutors, The New York Times reported.

Citing lawyers involved in the case, the newspaper said Fitzgerald is considering perjury, obstruction of justice and false statement charges -- suggesting he may believe evidence gathered by a federal grand jury shows the two White House aides tried to cover up their actions.

Rove and Libby have been advised they may be in serious legal jeopardy, the lawyers told the newspaper.

Fitzgerald reportedly will not decide until next week whether to file any charges in connection with the 2003 leak of the name of CIA agent Valerie Plame. Columnist Robert Novak identified her after her husband, former ambassador Joe Wilson, publicly challenged the Bush administration's claim that former Iraqi leader Saddam Hussein has tried to buy nuclear materials from an African nation.

[hullbert]

21. Yes Alex.....

I'll take "Watergate nostalgia" for $500....

[Carolab]

24. And....

it's the Daily Double! DING-DING-DING!

Welcome to DU!

:toast:

[lovuian]

22. Rove and Libby are cooked!!! Now Fitzgerald is trying to get

them to talk about the others who helped them!!!

[Gato Moteado]

23. since bushco thinks it's ok to torture terror suspects.....

...and since kkkarl and scooter aided the terrorists, will the same methods of interrogation (i.e. torture) be used to coerce these terrorists into giving information about the other terrorists within the admin?

[Straight Shooter]

25. What a silly question.

Rules never apply to Republicans.

Why do you hate America? :P

[bluestateguy]

26. Sounds to me like they got a target letter

although they will deny it publicly until the last day.

I'm not holding my breath that a senior staffer will be indicted.

[NVMojo]

27. me too ...but I sure hope it happens!

[klebean]

28. Nor am I holding my breath - I've still got hope

can't believe I'm even putting my statement of hope in black and white,
but it is Watergate all over again. Starting with Delay (pun intended) I'm
looking forward to the long "Delayed" frogmarch.

I did the survey (PollingPoint) at the link for the UPI article.
It's a damn good survey (watch out for the "no opinion" column,
and nevermind it's skewed to those willing to do the survey),
but what the hell, if it's DUable...

[DemsUnited]

34. Also sounds that way to (my hero) Talking Points Memo Josh Marshall

(October 21, 2005 -- 12:23 AM EDT // link)

Target letters, from the NYT: "Mr. Rove and Mr. Libby have been advised that they may be in serious legal jeopardy, the lawyers said, but only this week has Mr. Fitzgerald begun to narrow the possible charges. The prosecutor has said he will not make up his mind about any charges until next week, government officials say."
-- Josh Marshall

http://www.talkingpointsmemo.com/archives/week_2005_10_16.php#006806

[truthisfreedom]

29. funny. this is mild in comparision to the real charges.

let's all laugh for a second, and then wish them all long jail sentences! 8^)

[radfringe]

30. Aides warned they are in legal jeopardy

Aides warned they are in legal jeopardy
Prosecutor is said to be focusing on possible cover-up in CIA leak case
By David Johnston -- The New York Times -- October 21, 2005

WASHINGTON -- As he weighs whether to bring criminal charges in the CIA leak case, Patrick J. Fitzgerald, the special counsel, is focusing on whether Karl Rove, the senior White House adviser, and I. Lewis Libby Jr., chief of staff for Vice President Dick Cheney, sought to conceal their actions and mislead prosecutors, lawyers involved in the case said Thursday.

Among the charges that Fitzgerald is considering are perjury, obstruction of justice and false statement -- counts that suggest the prosecutor may believe the evidence presented in a 22-month grand jury inquiry shows that the two White House aides sought to cover up their actions, the lawyers said.

Rove and Libby have been advised that they may be in serious legal jeopardy, the lawyers said, but only this week has Fitzgerald begun to narrow the possible charges. The prosecutor has said he will not make up his mind about any charges until next week, government officials say.

----------

meanwhile .... a scene we will see next week (or perhaps sooner?) -- enjoy the toon
http://radfringe.tripod.com/

[Lochloosa]

31. It's Fitzmasday

and it's always the cover up :evilgrin:

[Bernardo de La Paz]

32. You don't know. And be prepared there may be two or zero indictments

You don't know. And be prepared there may be two or zero indictments.

The elections of 2000 and 2004 should be a clue for people not to raise unreasonable expectations. Keep hope alive, and be optimistic, but expect no "Fitzmas".

[Lochloosa]

33. I'll take my chances on this one....

does not require touch screens to indict someone.

[Mr_Scarecrow]

35. George Senior involved?

Something bothers me about this whole thing: You don't cross the CIA.
Anyone who knows anything knows you don't cross the secret intelligence agency (charged with covert wars, disappearing people and such) of the most powerful country on earth. But George Sr. ran the agency for a few years, so maybe Georgie called daddy and asked him how to silence Wilson...maybe daddy talked to some friends...

I'm sure I'm missing some pieces here, maybe the DU crew can help extend this theory.

[sabra]

36. Possible cover-up a focus in CIA leak case

http://ca.today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2005-10-21T180039Z_01_MOR119416_RTRIDST_0_NEWS-BUSH-LEAK-COL.XML

Possible cover-up a focus in CIA leak case

WASHINGTON (Reuters) - Prosecutors investigating the outing of a covert CIA operative are focusing on whether top White House aides Karl Rove and Lewis Libby tried to conceal their involvement from investigators, lawyers involved in the case said on Friday.

...

The lawyers, who spoke on condition of anonymity because of the sensitivity of the matter, said Fitzgerald appears likely to bring charges next week in the nearly two-year leak investigation.

The grand jury, which expires on October 28, convened on Friday, but it was unclear what issues they were working on since the panel appears to have completed hearing from witnesses. Fitzgerald is expected to meet with the grand jury early next week for a possible vote on indictments.


...

Legal sources said Rove may be in legal jeopardy for initially not telling the grand jury he talked to Time magazine reporter Matt Cooper about Plame. Rove only recalled the conversation after the discovery of an e-mail message he sent to Stephen Hadley, then the deputy national security adviser.

[RaulGroom]

37. Possible hurricane a focus in flooding case

Possible cover-up? I'm going to go out on a limb here and say there was definitely a cover-up.

[yellowcanine]

38. If there was a cover up how was Bush NOT involved?

Just asking.

[donheld]

41. IMHO there is no way Bush was NOT involved

He can play innocent, but he isn't.

[JJackFlash]

42. You know the greasy GOP smear machine is going to

kick into overdrive next week and attempt to generate tons of noxious spew in a desperate defense of their beloved "GW" and his crooked misadministration. "The criminalization of politics, blahdy-blah..."
I'd like to suggest that in preparation, somebody should make available to us at DU a list of things said by the same repugnicans who wallowed gleefully in 8 years of investigations into our last elected president over NOTHING. Their hypocrisy never ceases to amaze me.
Next week we'll find out if American democracy is still functioning after 5 years of suffering under the "leadership" of the never-elected Disaster Monkey .

[kentuck]

43. Somebody's still covering up....

or we would know a lot more facts..