After today's press conference with Special Prosecutor Patrick Fitzgerald, we did some digging about what Karl Rove 's lawyer could possibly have presented to the investigators which would warrent more attention to the decision whether or not to bring the possibilties of Scooter Libby - like indictment Rove's way. Fitzgerald kept referring in his press conference to the "why" anyone in the administration or otherwise would leak Valerie Plame 's name as a CIA operative; indeed, this is the key question of this investigation.
It's entirely possible Rove staged a last minute (the grand jury and investigation have been going on for 2 years) disclosure which either further implicated Libby and others, or admitted to something which could have later brought him trouble. Note this from the Washington Post:
Rove provided new information to Fitzgerald during eleventh-hour negotiations that "gave Fitzgerald pause" about charging Bush's senior strategist, said a source close to Rove. "The prosecutor has to resolve those issues before he decides what to do"
According to Rove's friends, he was (and perhaps still is) more concerned with a false statement indictment:
Rove has told friends he is most concerned about being charged with providing false statements because he did not initially tell the grand jury about a conversation he had with Time magazine reporter Matthew Cooper about Plame and her CIA employment before her identity was publicly disclosed
Rove's been adamant that he didn't leak Plame's name to Robert Novak, syndicated columnist to the Washington Post. In fact, Rove is able per the current perjury statutes to do just that:
d) Where, in the same continuous court or grand jury proceeding in which a declaration is made, the person making the declaration admits such declaration to be false, such admission shall bar prosecution under this section if, at the time the admission is made, the declaration has not substantially affected the proceeding, or it has not become manifest that such falsity has been or will be exposed.
Hence, if Rove and his lawyers knew this might be a sticking point for them, perhaps they ante'd up. There is a flip side to that equasion though, specific to a report from Joe Wilson, Valerie Plame's husband and former ambassador:
Wilson said another reporter called him on July 21 and said he had just hung up with Bush's senior adviser, Karl Rove. The reporter quoted Rove as describing Wilson's wife as "fair game," Wilson said. Newsweek has identified that reporter as MSNBC television host Chris Matthews. Spokespeople said Matthews was unavailable for comment.
It may cause more investigation to validate the "why." Especially if Rove did call "Wilson's wife fair game" and in fact, he tried to skirt the law by implying the administration would condone treating her, even if he ONLY called her "Wilson's wife" and not by her given name, as "fair game." She's not: she was/is a covert CIA operative. And bets are, Rove knew that.
Speak of Fitzgerald, is anyone else as impressed with him as we are? He makes Kenneth Starr look like a hack.