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Thursday, October 06, 2005

CIA case goes higher than Rove. Much, much higher

Oh my! This is explosive!

Lawerence O'Donnell is the reporter who broke the story about Karl Rove being the person who leaked Valerie Plame's name to Novak. Well, read VERY carefully at what he says now.

Again, READ VERY CAREFULLY
If Karl Rove's lawyer, Bob Luskin, is still as easy to read as he has been since I broke the story that his client was Matt Cooper's source, then we now know that Rove has received a target letter from Patrick Fitzgerald. How do we know it? Luskin refuses to deny it.

Fitzgerald does not have to send Rove or anyone else a target letter before indicting him. The only reason to send target letters now is that Fitzgerald believes one or more of his targets will flip and become a prosecution witness at the pre-indictment stage. A veteran prosecutor told me, "If Fitzgerald is sending target letters at the end of his investigation, those are just invitations to come in and work out a deal."

Prosecutors prefer pre-indictment plea bargaining to post-indictment because they have more to offer you, like not being indicted at all or downgrading your status to unindicted co-conspirator. And pre-indictment plea bargaining can greatly enrich the indictments that the prosecutor then obtains. If, for example, Fitzgerald has a weak case against, say, Scooter Libby, imagine how much Rove's cooperation might strengthen that case.

If no one RSVPs to Fitzgerald's invitations, look for indictments as early as next week. If anyone does sit down with Fitzgerald, he will probably have to move to extend the grand jury, which now has only thirteen working days left in its term.

Prediction: at least three high level Bush Administration personnel indicted and possibly one or more very high level unindicted co-conspirators.
Now, I know why O'Donnell is not naming names but belive me, he's one of the best reporters in Washington and knows what he's talking about.

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."

Things are about to get really crazy in Washington. You just watch and see...