by John M. Curtis
(310) 204-8700

Copyright July 24, 2005
All Rights Reserved.

utting President George W. Bush's senior advisor and deputy chief of staff Karl Rove in his crosshairs, special prosecutor and U.S. Atty. Patrick J. Fitzgerald hasn't cowed to the tsunami of pressure to end the investigation into who outed covert CIA operative Valerie Plame. When syndicated columnist and veteran Washington insider Robert Novak divulged Plame's identity in a July 14, 2003 citing senior White House sources, the first major scandal of the Bush presidency began. Novak's column appeared only eight days after former Iraq Ambassador Joseph C. Wilson IV published a critical op-ed in the New York Times disputing Bush's claim in the State of the Union message that Saddam tried to purchase from Niger yellowcake uranium, an essential ingredient in making nuclear bombs. Wilson's piece raised serious issues about the manipulation of U.S. intelligence and justification for war.

      Since the story broke, White House emphatically denied that Rove was behind the leak that outed Wilson's wife as a covert CIA agent. Rove's attorney Robert Luskin blew more smoke, insisting that his client never “named” Plame. When pushed on the issue, he didn't deny that Rove identified Plame, just not by name. Rove hoped that Time Magazine reporter Matthew Cooper would follow New York Times journalist Judith Miller to the slammer. When Time Magazine agreed to release e-mails and notes of Cooper's correspondence with Rove, the cat was out of the bag. Cooper then received permission from “his source” to testify before the grand jury. Since Rove was fingered, the White House has emphasized that no crime was committed, culminating recently in Bush's revised promise that any member of his administration “convicted” of a crime would be fired.

      For weeks White House press secretary Scott McClellen declined to answer questions about Rove citing an ongoing investigation. Yet the White House had no problem emphasizing talking points that establish, under current statutes, that Rove committed no crime. Throwing the White House for a loop, Fitzgerald's investigation now turned toward perjury and obstruction of justice. Differences between statements given to the FBI and the grand jury, including sworn statements by Rove and Vice President Dick Cheney's chief of staff Lewis “Scooter” Libby, led investigators explore possible perjury and obstruction charges. Rove told FBI agents nothing about his conversation with Time Magazine reporter Matthew Cooper. Cooper's grand jury testimony confirmed that he called Rove specifically to discuss Wilson's charges and Plame's identity.

      Fitzegerald and his staff are acutely aware of White House attempts to stonewall and deny any involvement. From the very beginning of the Plame story, the White House branded as “ridiculous” that senior staff were involved in the leak. “[Rove] has from beginning been candid, forthcoming and accurate,” said Luskin, oblivious that his own statements fueled more suspicion over Bush's closest aid. When Fitzgerald compares Rove's statements to the FBI, grand jury and his investigators, he's finding discrepancies. Instead of leveling with Fitzgerald two years ago, Luskin's smoke has created more problems for his otherwise savvy client. Reminiscent of former President Bill Clinton's Monica Lewinsky affair, the initial attempt to deny and cover up the act caused far more problems than the act itself. Fitzgerald may very well clear Rove of criminal wrongdoing on the original leak.

      When Clinton denied his affair with Monica under oath before a grand jury in the Paula Corbin Jones case, he exposed himself to perjury and obstruction of justice. Keeping Rove from admitting he outed Plame could result in more serious charges for perjury and obstruction. There's now ample motive why Rove and Libby would want to discredit Wilson, even going so far as outing Plame. Rove and Libby's big mistake were talking directly with reporters, when underlings could have done the job. Luskin has already gone on the record that Rove learned Plame's identity from Novak, yet Rove spoke with Cooper—and possibly NY Times reporter Judith Miller—days before Novak's column appeared in the Chicago Sun Times. Novak has refused to give details of his grand jury testimony but it appears Fitzgerald has problems resolving inconsistencies.

      Two years of denials have caught up with Rove and the White House. Too much conflicting testimony now leads Fitzgerald to the conclusion the White House wasn't forthcoming or truthful about Rove's involvement in the Plame leak. With Rove's attorney denying any inconsistencies, there's now a public record of deception and cover-ups. Luskin is in denial insisting that his client wasn't the subject of a criminal investigation. From the get-go, Rove was suspected as the leaker. It turns out that Luskin's public remarks exacerbated Rove's problems. Had he just leveled with Fitzgerald, perhaps the matter would have been dropped. All the sophisticated attempts at damage control could, as they did with Clinton, result in eventual criminal indictments. On the other hand, should Fitzgerald find insufficient evidence, Rove and Libby could get off the hook.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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