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gate. Rove testified for 3 1/2 hours the other day, in his 5th grand jury appearance. It's very likely (given what we know of his testimony and related events) that he's about to get indicted on perjury and obstruction, and the wait may mean that Fitzgerald is giving him time to think about it. When Fitz indicted Scooter Libby on perjury and obstruction, he indicated that he was determined to get to the bottom of it, and it's not likely that Libby and Rove decided to out a CIA agent and an entire CIA WMD counter-proliferation network on their own. It is also preposterous that White House officials as high as Libby (next up the rung, Cheney) and Rove (next up the rung, Bush) would bandy a covert CIA agent's name around, or allow it to be bandied around, without being extremely careful about her covert status, checking on it, and stopping those discussions. The cover story (or one of them) has been that "everybody knew" that Valerie Plame was a CIA agent, that is, "everybody" in DC, but both Libby and Rove have been caught in lies connected to this cover story. (It appears that they were deliberately "seeding" the info of Plame's identity with reporters to get a "bounce back" from the reporters--reporters telling THEM that she was CIA, so they could say this later--that they HEARD it, not that they DISCLOSED it.) I think Rove is guilty of participating in the conspiracy to out Plame/Brewster-Jennings, but that he was doing it on orders of Bush, Cheney, Rumsfeld and/or Rice. I also think Libby (Cheney's aide) tried to set Rove up--leave him holding the bag on this--make it seem like Rove was the chief operative and "decider" (as Mr. Bush puts it). Rove avoided that fate. But he is still thick in it.
I would be happier if Rove started squealing--rather than if he is indicted on perjury and obstruction. I'm willing to wait. I think Fitzgerald has him by the short hairs.
One possible outcome (of recent Rove testimony and GJ activity) could be Rove fingering Libby on the main crime (outing Plame/BJ)--but I don't think Fitzgerald would be satisfied with a lateral finger-pointing (Libby and Rove being roughly equal in the power structure of this criminal gang), for the very reason that it is very unlikely that Libby would have committed this crime on his own, without direct orders from at least Cheney. If this is what happens--if Libby is as high as Fitzgerald can get--and Libby gets indicted and goes to trial for the outing, his defense will be that Cheney has the power to declassify any info he decides to, at any time--even covert CIA agents' names, even if it endangers them--and, if that doesn't fly, that Bush has the power to declassify any info he decides to, at any time, and (Libby will say) Cheney told him that Bush told him that Bush had declassified Plame's status. In other words, because Libby works for Cheney, and is sitting there in Cheney's office, with this fuzzed over, smeared over, declassification process behind Cheney, anything Libby says to reporters, even if it is classified, is automatically DE-classified, if Cheney backs him up. (The groundwork for this defense has already been laid by Libby's lawyers.*) And if you think this is a lot of malarkey, you are right--but the ultimate "deciders" on whether it is or not will probably be the Bush-packed Supreme Court.
*(But there is another law--a very specific federal law--that protects covert CIA agents from such disclosures, a law meant to protect our agents. It's not a classification law; it's a law that protects their covert status, and forbids outing them, because outing them puts theirs and other peoples' lives in danger (anyone they had contact with in a foreign country, for instance). The key to convicting someone of breaking this law has to do with whether or not they KNEW the agent was covert--and that is why there has been such a song and dance, from Libby and Rove, about whether they knew, when they knew, who told whom, and so forth--and probably why they tried to "seed" the info about Plame all around town, to make it seem like general knowledge. Again, the two top aides in the White House taking this cavalier attitude toward Plame and other covert U.S. agents/contacts around the world is astonishing, on its face. That they did it deliberately violates this law, and may also be treasonous, since Bush has stated "we are a nation at war." It would amusing to see these Bush junta criminals try to get out of a charge of treason by now claiming that we are not at war, and never were, because Congress, which has the sole power to declare war under the Constitution, never did so.)
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