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O'Donnell Says 'Good Reason' Rove Might Be Indicted

Lawrence O'Donnell today says there is a good reason Karl Rove might be indicted over the Valerie Plame leak.

I’ll be surprised if all four of those elements of the crime line up perfectly for a Rove indictment. Surprised, not shocked. There is one very good reason to think they might. It is buried in one of the handful of federal court opinions that have come down in the last year ordering Matt Cooper and Judy Miller to testify or go to jail.

I think O'Donnell is relying on this judicial decision, as I did here. The quotes from the Judge that I found revealing are these:

Yet it appears Cooper relied on the Plame leaks themselves, drawing the inference of sinister motive on his own. Accordingly, his story itself makes the case for punishing the leakers. While requiring Cooper to testify may discourage future leaks, discouraging leaks of this kind is precisely what the public interest requires.

....we must take care to ensure that the special counsel has met his burden of demonstrating that the information is both critical and unobtainable from any other source. Having carefully scrutinized his voluminous classified filings, I believe that he has.

O'Donnell points out the numerous blacked out pages of factual information in the decision.

Judge Tatel’s opinion has eight blank pages in the middle of it where he discusses the secret information the prosecutor has supplied only to the judges to convince them that the testimony he is demanding is worth sending reporters to jail to get. The gravity of the suspected crime is presumably very well developed in those redacted pages. Later, Tatel refers to “[h]aving carefully scrutinized [the prosecutor’s] voluminous classified filings.”

Some of us have theorized that the prosecutor may have given up the leak case in favor of a perjury case, but Tatel still refers to it simply as a case “which involves the alleged exposure of a covert agent.” Tatel wrote a 41-page opinion in which he seemed eager to make new law -- a federal reporters’ shield law -- but in the end, he couldn’t bring himself to do it in this particular case. In his final paragraph, he says he “might have” let Cooper and Miller off the hook “[w]ere the leak at issue in this case less harmful to national security.”

I also think this description in the decision of the subpoena to Miller is significant.

In the meantime, on August 12 and August 14, grand jury subpoenas were issued to Judith Miller, seeking documents and testimony related to conversations between her and a specified government official “occurring from on or about July 6, 2003, to on or about July 13, 2003, . . . concerning Valerie Plame Wilson (whether referred to by name or by description as the wife of Ambassador Wilson) or concerning Iraqi efforts to obtain uranium.”

Karl Rove has said he never knew Valerie Plame's name - so it may be that he referred to her only as "Joseph Wilson's wife."

< Wapo and NYT Differ on Karl Rove as Source | Spying on Protestors? >
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  • Re: O'Donnell Says 'Good Reason' Rove Might Be Ind (none / 0) (#1)
    by nolo on Sat Dec 17, 2005 at 01:00:57 PM EST
    Oh, I would throw such a party if that happens. And lots of people would show up, too.

    Re: O'Donnell Says 'Good Reason' Rove Might Be Ind (none / 0) (#2)
    by Dadler on Sat Dec 17, 2005 at 01:00:57 PM EST
    O'Donnell is on top of this as no other "reporter" is. He speaks like a man who KNOWS truth is on his side. Kudos to the judge, however, who came to the clear conclusion that this was NOT a case where a reporters' shield law would come into play anyway. Whether this one judge's reasoned, rational and INFORMED opinion will prevail, or whether wealth and technicalities will, is anyone's guess. That's the real problem.

    Everyone is going to be made to fall on his sword the whole way up the chain of command before this ever gets to Rove. It will be the same thing as when individual soldiers took the heat for Gonzales' and Rumsfeld's orders on interrogation and torture. Rove will do everything in his power to make sure that he is not found responsible for this, he will set the rightwing spin machine in motion in ways we could only imagine in our worst nightmares. If you thought Rove's forked tongue was poisonous before, just wait until they back him into a corner with this one.

    Ever feel like thereís no justice? While the New York Timesí Judith Miller sits in jail for protecting the identity of the Valerie Plame turncoat, Bush White House grand inquisitor and likely leaker Karl Rove remains at large. Thatís why you need to play Karl Rove Whack-a-Mole, the contest that lets you be Karl Roveís judge and jury (though not executioner). The contest is simple. You get to sentence Karl Rove for his crimes; the best and most fitting punishment wins the contest and a 1 GB iPod Shuffle. For more details and to enter, see: "The Karl Rove Whack-a-Mole Contest."

    Where does Lawrence O'Donnel live? Disneyland!!