CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
#0CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 12:10pm
Okay, everyone, deep breath. Loath as I am to pee on Papa's Gloat Fest, it would be premature to take this announcement as an exoneration.
Karl Rove's attorney said that Fitzgerald "does not anticipate" indicting Rove at this point. That is because Rove agreed to testify against Dick Cheney. If he does so, he will not be indicted.
If, however, Rove reneges on that agreement, he will be indicted for perjury to the Grand Jury and lying to the FBI.
In the words of one of the legal experts at firedoglake.com:
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The language used by Luskin strongly suggests that Rove got immunity in exchange for his cooperation. (It is probably the same deal I have been suggesting was offered to Novak way back when...) Otherwise he never would have testified in the Grand Jury to begin with.
“Does not anticipate seeking charges” means that if Rove testifies at Libby’s trial as expected, and as his agreement no doubt provides for him to testify, (lawyers call it providing “ongoing cooperation”), then all will be well for him. But if he “goes sideways” on Fitz and testifies differently from what is now expected, he could be charged–w/perjury certainly, and his deal to avoid criminal liability in the larger conspiracy could be “off” as he could face charges in that as well.
All told, a very standard deal and not unexpected. The more interesting issue and the reason for optimism now is that he couldn’t have gotten such a deal without having something important to offer Fitz. The “no prosecution” letter pretty much guarantees that he that he made a good deal. Either he offered up Cheney himself, or he offered up Libby to guarantee a conviction so Fitz can roll up Libby to Cheney. Either way, for me, I see Cheney going down and that’s something I can live with!
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I'm sorry, but I do not hear the fat lady singing, not quite yet.
#1clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 12:27pmok, pj, as your analysis has been so startlingly accurate thus far.
...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty
pray to st. jude
i'm a sonic reducer
he was the gimmicky sort
fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#2clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 12:31pmI think ya'll just like to argue.
#3clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 12:35pm
They do. It's kind of cute. But I will say that the first thing I thought when I read the New York Times article was not that they cleared him of a crime but that they're not prosecuting him at this time for a particular reason. And that first reason crossing my mind was "I'll testity against someone else."
I'm not getting my hopes up about it but it'd be nice to see Porky fry a little.
#4clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 12:37pmthat's because ya just cannot accept that he's gonna walk away from this.
...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty
pray to st. jude
i'm a sonic reducer
he was the gimmicky sort
fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#5clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 12:41pmI half expect Papa and PJ to break out into "People Will Say We're In Love".
#6Papa and PJ, sittin' in a tree...
Posted: 6/13/06 at 12:47pm
I'm expecting the theme song from the Itchy and Scratchy Show.
Hey, people never give up on their dreams, Papa.
#7CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 12:57pmOh, please. "Bosom Buddies," MY key, I sing Mame's part. Non-negotiable.
#8CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 1:12pm
If Rove walks but Cheney goes down, I can live with that trade.
I think the biggest problem was once the material was declassified, the underlying crime was no longer the leak, but the coverup.
I would love to see Rove testify against Cheney or Libby - that would almost be worth it.
The most important thing, regardless of what Fitz does, is for the Democrats to get back one of the houses in November.
#11CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 2:32pm
A letter from Senator Frank Lautenberg to Presidential Security Officer Mark Frownletter, asking the White House to reconsider Rove's security clearance and launch an investigation:
#
June 13, 2006
Mark Frownfelter, Security Officer
Executive Office of the President
725 17th Street, NW, Rm. 4101
Washington, DC 20503
Dear Mr. Frownfelter:
Despite having written to you on November 14, 2005, I have not yet received an assurance that you are treating the information disclosed in the indictment of I. Lewis Libby (a.k.a. “Scooter Libby”) in the United States District Court for the District of Columbia as an adverse information report on Karl C. Rove, Deputy Chief of Staff to the President of the United States, thereby invoking the appropriate investigation and reevaluation of Mr. Rove’s security clearances. Today’s announcement that the criminal investigation of Mr. Rove has ceased makes the need for your review more urgent.
According to the indictment, a White House official identified as “Official A” disclosed the identity of an undercover CIA agent to columnist Robert D. Novak, who published the information. White House officials have confirmed that “Official A” is Mr. Rove. In addition, Mr. Rove has been identified in media reports as disclosing the identity of the agent to another reporter, Matthew Cooper of Time magazine.
As you know, such activity is prohibited under Federal regulations governing access to classified information:
* Classified information may be made available to a person only when the possessor of the information establishes that the person has a valid “need to know” and the access is essential to the accomplishment of official government duties. The proposed recipient is eligible to receive classified information only after he/she has been granted a security clearance by the EOP Security Officer.
As EOP Security Officer, when the possibility of a violation of these standards becomes evident, you are required to take “prompt action to investigate alleged violations of security, and recommen[d] appropriate administrative action with respect to violators.”
The actions described in the indictment led to the publication of the name of a CIA operative whose employment status was classified. This revelation of classified information damaged national security by destroying an operative’s covert cover, compromising intelligence gathering operations, and endangering the safety of other CIA employees and their contacts.
I would like your assurance that you are taking prompt action on this case, and that you will follow up with appropriate administrative actions regarding Mr. Rove’s access to classified information.
Sincerely,
[Signature]
United States of America v. I. Lewis Libby, Criminal No. 05-394, (D.D.C. Filed Oct. 28, 2005) Id. at 8 Jim VandeHei and Carol D. Loennig, Rove’s Future Role is Debated, The Washington Post, November 3, 2005, at A1, A10. 5 C.F.R. 1312.23, Access to Classified Information 5 C.F.R. 1312.22 (a)(3)
#12clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 3:02pm
doesn't look good for those dreams of a deal...
and i don't know mame well enough to sing anything from it. if that doesn't prove i'm straight nothing will.
talk left yells uncle
...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty
pray to st. jude
i'm a sonic reducer
he was the gimmicky sort
fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#13CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 3:39pm
Jeralyn at TalkLeft has erred on the other side. She is erring now.
Fitzgerald's fax to Rove's attorney clearly said "absent any unexpected developments" Rove is not being indicted.
So far the only statement has come from Rove's attorney, whose statements have been parsing the definition of "is" all along.
Fitzgerald himself has not released ANY statement. Fitzgerald, not Rove's attorney, is the fat lady in this opera.
And like every other opera, this one ain't over till that fat lady sings.
When Fitzgerald makes an announcement exonerating Rove of all wrongdoing, you may gloat. Until then, Vera DARLING...you're prematurely exuberating.
#14clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 3:49pm
something i learned over the last several months from watching some folks around here.
and have you seen the fax? has anyone other than luskin? fitzy's made no statements anytime.
oh, i'll gloat now and then. and everyday in between.
look, ywiw, i've got my dancing shoes on!
...global warming can manifest itself as heat, cool, precipitation, storms, drought, wind, or any other phenomenon, much like a shapeshifter. -- jim geraghty
pray to st. jude
i'm a sonic reducer
he was the gimmicky sort
fenchurch=mejusthavingfun=magwildwood=mmousefan=bkcollector=bradmajors=somethingtotalkabout: the fenchurch mpd collective
#15clarification: pj will not let go of this until he's dragged from the keybd
Posted: 6/13/06 at 3:53pm
Papa is a premature exuberator! 
"In Oz, the verb is douchifizzation." PRS
#16CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 3:57pm
Here's what Karl Rove sounds like, gloating today:
--
Never one to let the facts or delicious irony stand in the way of a vicious political smear, today Karl Rove took a swipe at war heros Sen. John Kerry and Rep. John Murtha, stating, "They may be with you for the first few bullets but they won't be there for the last tough battles." Rove, of course, never served in battle, dodging the draft for nearly three years of the Vietnam War. He's in good company, though-- the Vice President received five deferments from going into battle himself.
"Unfortunately for the American military, Dick Cheney, Karl Rove and their merry band of draft-dodgers won't be with you for the first few bullets, the last tough battles, or anywhere along the way," said Christy Setzer, Communications Director, Senate Majority Project.
#17CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 4:02pm
Dance away papa.
This is a marathon after all.
While I would like to see Rove punished if he in fact broke the law, I honestly do not want to see charges filed against him if the evidence does not support the charges.
#18CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 4:09pm
Response from John Kerry's spokesman:
"The closest Karl Rove ever came to combat," said Kerry spokesman David Wade, "was these last months spent worrying his cellmates might rough him up in prison. This porcine political operative can't cut and run from the truth any longer."
Wade continued: "When it came to Iraq, this Administration chose to cut and run from sound intelligence and good diplomacy, cut and run from the best military advice, cut and run from their responsibility to give our troops body armor, and in November Americans will cut and run from this Republican Congress."
#19CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 11:12pm
And for those who care to parse the difference between the words "deal" and "immunity," this from Big Mitch, another noted Roveologist at firedoglake:
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Karl Rove has been given a grant of immunity.
Here’s the way it works. There are two kinds of immunity. One is “use immunity,” and people who receive it are forced to testify, but the prosecution is prevented from using their testimony against them.
The other kind of immunity is called “transactional immunity.” It means that the subject testifies, but having received immunity for the entire transaction, he or she is at no risk of prosecution, and therefore, has no Fifth Amendment privilege against self-incrimination.
In the Federal system, the rule is that to force testimony, the prosecutor must grant transactional immunity. I’m guessing that this is what happened yesterday.
As always, there is a catch. First, obviously, a grant of immunity is not a license to commit perjury. Karl Rove may have breathed a sigh of relief today because he is not going to be indicted, but he also must have soiled his skivvies, because he is going to testify. If he lies, there is going to be heavy pressure to indict him. He has testified five times, and it is hard to feature that he will testify without contradicting something that he has already said.
The other reason that there is not unmitigated joy in Karl Rove’s black and malignant heart* is that the letter that grants immunity usually includes some language to the effect that this grant of immunity is to be null and void if the defendant testifies falsely, or fails to cooperate fully with any interview by the FBI. If the letter Luskin received is typical of similar letters I have seen, it emphasizes that it is entirely up to the U.S. Attorney to determine whether or not he has testified falsely.
If I were Luskin, I would have some real fears that my client would be unable to restrain himself from lying. But he is not the only one nervous because of today’s news.
Usually, an immunity letter such as the one I am supposing was received by Luskin doesn’t just drop out of the sky. It is only given after the recipient has made what is called “a proffer.” Basically, a proffer is an offer of testimony that takes the form: “If granted immunity, I will testify that XYZ.”
Now, Patrick Fitzgerald is what is known in the trade as a “prosecutor.” He is not, generally speaking, called an “immunizer.” He does not pass out the “Get out of jail free” cards for nothing. Whatever XYZ was, it was something that Fitzgerald must have thought was worth something.
The general strategy for a prosecuting attorney is to go up the chain. It can be up the supply chain in a drug prosecution, or it can be up the chain of command in a fraud prosecution. With Karl Rove, the chain does not go very much further up.
And here’s why this is a big bummer for Karl Rove. If he offered XYZ, and XYZ is testimony against one or both of the people up the chain from him, it really cuts down the likelihood that one of them will be in a pardoning mood on January 19, 2009.
brdlwyr
Broadway Legend Joined: 1/14/05
#20CLARIFICATION: Karl Rove Has NOT Been Cleared of Wrongdoing
Posted: 6/13/06 at 11:48pmPat is tenacious, that is certain!
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