As I noted earlier, the news reports on Rove are conflicting. But this statement by one "non-legal" member of his team, who I assume is the P.R. specialist Mark Carballo who signed on to Rove's team the other day, leads me to believe Rove took a deal and Fitzgerald has agreed not to announce it immediately:
A person outside the legal profession familiar with recent developments in the case said Thursday night that Rove's team does not believe he is out of legal jeopardy yet but likely would be spared bad news Friday when the White House fears the first indictments will be issued. Fitzgerald signaled Thursday he might keep Rove under continuing investigation, sparing him from immediate charges, the person said.
If they reached a deal, an Indictment is not necessary. A defendant can waive the right to be charged by Indictment and plead to an Information which is filed by the prosecutor. It's an ordinary occurrence in my district.
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Reddhed at Firedoglake called the D.C. District Court Thursday and was told the Plame grand jury is a regular grand jury, not a special grand jury. There are umpteen media articles reporting it to be a special grand jury. Perhaps they made that assumption because Patrick Fitzgerald is a special counsel in the investigation.
Fitzgerald in this pleading(pdf) filed with the court said the grand jury was extended six months in late May, 2005 and will finally expire in October. So Friday is its final day. Special grand juries can be extended in six month increments for a total of 36 months. Regular grand juries can only be extended six months, to a total of 24 months. Rule 6(g) of the Federal Rules of Criminal Procedure:
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The New York Times reports that Libby likely will be indicted but Rove will remain under investigation and Fitzgerald will extend the investigation. The Wall St. Journal (free link) has similar information.
The Washington Post reports Fitzgerald won't extend the investigation, and Rove still fears being indicted.
How can both be true? One possibility is that all indictments but Rove's were voted on and filed with the Court on Wednesday, and Fitzgerald agreed to wait until tomorrow to make a decision on Rove.
But I just don't see Fitzgerald extending this grand jury.
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The Washington Post reports Scooter Libby is shopping for a new lawyer. That's not surprising, and I don't mean that as a poor reflection on Joseph Tate.
Joseph Tate is not primarily a trial lawyer. This happens frequently after Indictments. Tom DeLay added Dick DeGuerin, one of the country's best trial lawyers, after it became clear he was going to get indicted.
Here are my recomendations to Mr. Libby and anyone else in indicted by Fitzgerald:
- Roy Black, Miami
- John Keker, San Francisco, California
- Mike DeGeurin, Houston
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As I reported earlier, UPI reporter Richard Sale blogs that Rove has turned down a plea deal and the source the leak of Valerie Plame's identity to Lewis Libby was not Dick Cheney. Sale says it was a call from Bolton's office at the State Department - probably David Wurmser or Fred Fleitz. Flietz is on leave from the State Department.
For more information on Fleitz, check out these posts by:
- Empty Wheel
- Steve Clemons at Washington Note
- Kevin Drum at Washington Monthly.
Here's a copy of Fleitz's testimony at the John Bolton nomination hearing (pdf).
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by TChris
While we await word on Fitzgerald's indictments, the waiting ended for Tom Noe, the Ohio coin dealer who allegedly laundered money into President Bush’s re-election campaign. Noe was indicted today.
The three-count indictment ... states that beginning in October 2003, Mr. Noe contributed to President Bush’s election campaign “over and above the limits established by the Federal Election Campaign Act."
“He did so, according to the indictment, in order to fulfill his pledge to raise $50,000 for a Bush-Cheney fund-raiser held in Columbus, Ohio, on Oct. 30, 2003,” Gregory White, the U.S. Attorney for the Northern District of Ohio, announced at an afternoon news conference.
Noe, a Bush "pioneer," is also being investigated for stealing millions from the state. TalkLeft background on Noe is here and here.
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We all know that Fitzgerald is a secretive guy, and it's to his credit that leaks haven't been coming from him or his office.
But has anybody noticed there has been no news and no leaks from anyone since yesterday -- actually since Tuesday. The only reporting in the media has been speculation on Fitzgerald's timeline and plan.
Given how the lawyers for those most likely to be indicted have used the media to spin throughout this investigation, I suspect there is a covert plan in place by the Administration that silenced everyone, so there could be a choreographed response tomorrow.
If Bush or Cheney didn't impose a silence order with some serious repurcussions attached for those who broke it, there would have been statements galore today by lawyers for those about to be indicted. They would have announced their clients have decided to fight the unwarranted charges that will be filed against them. They would have prepared the public for the specter of their clients being brought into federal court as defendants. If they had turned down Fitzgerald's plea offers, they wouldn't care a whit what he thought about them talking. Their PR machines would be out in full force.
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Earlier today, I referenced Libby and Cheney using Bob Dylan lyrics. Several commenters chimed in, with additonal Dylan song lyrics.
Arianna uses Shakespeare, particularly Macbeth, to explain the turmoil now going on in the White House. It's a great read and I love the part about Dick Cheney being Lady Macbeth.
As Arianna says, "Double, double, toil and trouble!"
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The Washington Note issues a correction: Special Counsel Patrick Fitzgerald has not extended his lease.
Tomorrow, the fat lady sings.
The withdrawal of Harriet Miers nomination today was the ultimate boondoggle - timed to distract us from tomorrow's indictment news.
It's not going to work on TalkLeft. I'm declaring a blackout on Harriet Miers posts until after the news of the Indictments subsides a little - at least until Saturday. That is the real news. I'm not going to feed into the Administration's spin plan.
For those of you who want to talk about Miers, please use the comments to the three posts from earlier today.
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Reddhed at Firedoglake has posted a terrific primer on grand juries explaining extensions, sealed indictments and much more.
As to plea offers in the works in PlameGate, there are two components: the charges and sentencing concessions. Fitzgerald and defense lawyers are busy today trying to reach deals. The charges are of less importance to the defendants at this late hour than the sentencing concessions Fitzgerald is offering.
By this time, major players like Karl Rove have accepted that any deal will include a felony conviction. Right now, the critical issue is whether they can avoid jail.
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More big news from Murray Waas at the National Journal:
Cheney and Libby blocked information to the Senate Intelligence Committee investigating pre-war intelligence, in particular, claims that Saddam had weapons of mass destruction:
The new information that Cheney and Libby blocked information to the Senate Intelligence Committee further underscores the central role played by the vice president's office in trying to blunt criticism that the Bush administration exaggerated intelligence data to make the case to go to war.
....The Intelligence Committee at the time was trying to determine whether the CIA and other intelligence agencies provided faulty or erroneous intelligence on Iraq to President Bush and other government officials.
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