Report: White House Charges Will Relate to Cover-up
The New York Times reports tonight:
- Fitzgerald has advised both Libby and Rove they are in serious legal jeopardy. He will decide whether to charge next week.
- Fitzgerald is considering charges of Perjury, Obstruction of Justice and Making a False Statement to Federal Officials. He seems less focused on charges over the leak. It's the cover-up, not the crime.
- Fitzgerald knows who Novak's source is, and it's not someone who works at the White House.
- Additional persons could be charged.
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.
Reading between the lines from a legal standpoint, here's how I interpret this, and remember, it's just speculation: Fitzgerald is done. All that's left are the pre-indictment plea deals. He's previously made deals with John Hannah and David Wurmser. Now he's offered them to Rove and Libby. As I've said before, it's their "come to Jesus moment." I suspect both will accept the best deals their lawyers can negotiate. Rove will fall on his sword to protect Bush, and Libby will fall on his to protect Cheney.
More people will be offered deals - particularly those involved with the initial disclosure of Valerie Plame's identity. Novak's source may be one of them. Walter Pincus's source (whose identity is also known to Fitzgerald) could be another. This group might also include some current or former State Department officials - perhaps Deputy National Security Advisor Stephen Hadley, who was part of the White House Iraq group.
I also think there will be some charges over the improper disclosure of the contents of the June 9 State Department memo that mentioned Valerie Wilson. Ari Fleischer could be part of this group and perhaps some National Security Council or State Department officials. This August 8, 2005 Time magazine article may also yield some clues:
The previously undisclosed fact gathering began in the first week of June 2003 at the CIA, when its public-affairs office received an inquiry about Wilson's trip to Africa from veteran Washington Post reporter Walter Pincus. That office then contacted Plame's unit, which had sent Wilson to Niger, but stopped short of drafting an internal report. The same week, Under Secretary of State Marc Grossman asked for and received a memo on the Wilson trip from Carl Ford, head of the State Department's Bureau of Intelligence and Research. Sources familiar with the memo, which disclosed Plame's relationship to Wilson, say Secretary of State Colin Powell read it in mid-June. Deputy Secretary Richard Armitage may have received a copy then too.
When Pincus' article ran on June 12, the circle of senior officials who knew about the identity of Wilson's wife expanded. "After Pincus," a former intelligence officer says, "there was general discussion with the National Security Council and the White House and State Department and others" about Wilson's trip and its origins. A source familiar with the memo says neither Powell nor Armitage spoke to the White House about it until after July 6. John McLaughlin, then deputy head of the CIA, confirms that the White House asked about the Wilson trip, but can't remember exactly when. One thing he's sure of, says McLaughlin, who has been interviewed by prosecutors, is that "we looked into it and found the facts of it, and passed it on."
I suspect Fitzgerald is spending this week in plea negotiations with the lawyers for those he is considering indicting. There could be one indictment next week that includes the negotiated charges. Or, Fitzgerald could charge those that agree to deals by Information, with the grand jury charging only those, if any, who reject his offers. More on that here.
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