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I wasn't confident immediately after seeing only Libby being indicted. But when Patrick arranged immediately for another grand jury, that was my first sign. Now I'm more confident than ever. The subtly changing Luskin statements, the Rove demotion coinciding very remarkably with the conclusion of the Ryan trial. And most of all Rove's sudden change of arrogance. That was huge for me.
Now, I believe all along, that Fitzgerald was fully convinced and prepared to indict Rove when he filed the indictment against Libby. However there were two things that prevented him from preparing an official indictment at the same time of the announcement of the Libby indictment.
One, I contend Fitzgerald felt there was even more charges that could be brought against Rove and this grand jury was expiring. That was not negotiable, he was bound by legal requirement to terminate testimony in front of this grand jury, as it had run the statute of time it could be convened.
Also and simultaneously, he was at the crucial end stages of the Ryan trial. Unable to communicate further with this grand jury anyway, He left Washington to dedicate full time support and expertise to his prosecution team in Chicago. However, before he left, he made certain that he had made provisions to convene another grand jury and had them in place. This was a watershed event to me because there would have been no rush to do that since grand juries are operating in DC all the time. It signaled to me that he wanted immediate access to another grand jury as soon as the Ryan trial was concluded.
That's exactly what happened. Only two days after the verdict of guilty in Chicago, Fitzgerald is back in Washington and in front of his new jury. No delays, almost immediate. More than two years of witness testimony has to be read to this jury to bring them current and to show the disparities and conflicts and lies Rove has been caught in. Approximately only one week later, Rove is before this grand jury under oath.
This is not a prosecutor wavering or floundering or looking to developing evidence. This shows me he already has the evidence and is focused like a laser. He is going to nail Rove just like he did Ryan and Warner. This is a prosecutor on a mission!
I don't believe Luskin can say anything that will stop Rove from being indicted. And I think he has been told that in no uncertain terms already. If not in the form of a target letter, certainly verbally. Remember, shortly before the previous grand jury was to expire, the Rove email to Hadley had just "surfaced" from Rove. That email sealed his fate. Up until then testimony had to be parsed and sifted through to find the pattern of deceit.
But this email showed the importance Rove placed on the Wilson disruptions and his concern in the meeting with Cooper; something he claimed was only a casual meeting with Cooper and minimal discussion of Plame. This is the email he doesn't turn over for SEVEN MONTHS after Luskin has been alerted by Viveca Novak. And ten to one, Fitzgerald already had that email from Hadley and incriminating testimony from him under oath; just sitting back like a cobra in the grass watching Rove testify three times and make no mention of it.
Also, we now know he also had knowledge of the 250 emails that had been withheld when all emails had previously been requested and ordered to be produced. This I believe was a veritable treasure trove of Xmas presents. They have twisted up Rove ten ways to Sunday. And possibly even implicated Hadley. We can only imagine what was in those emails that Gonzalez was finally forced to turn over. But you can bet none of them were exculpatory in the least to help Rove.
There was not time to thoroughly vet these new incriminating pieces of evidence before the expiring grand jury. So Fitzgerald, already secure in his case against Libby prepared the indictment and made the announcement.
But now Fitz has no constraints. During the interim between the announcement of the Libby charges and the end of the Ryan trial, Fitzgerald had ample time to sort through and organize all of this evidence plus the evidence prior to the turnover of the emails to prepare multiple counts of lying to federal investigators and to the grand jury. I submit he has given a college education to this grand jury of the Rove lies and attempts to cover it up. The emails do not have to be cross examined. They are written record. They infirm the parties' intent.
I think this grand jury was overwhelmingly convinced by Fizgerald that indictment was appropriate. Knowing the manner and professionalism of Patrick Fitzgerald and his ability to convey complicated issues in simple to understand language , I believe they are prepared to give him a true bill of everything he is requesting.
It is pretty much the consensus of the experts that Rove was not subpoenaed by Fitzgerald to appear for the fifth time. That can only mean one thing; that Luskin had been told indictment was imminent and Rove begged to make his case yet again. Fitzgerald probably salivating at that opportunity to virtually fillet Rove before this grand jury welcomed him with a red carpet to the jury room.
From there the jurors took up the beating and it is my belief they grilled him up one side and down the other catching him in one contradiction after another. That is why you heard for the first time EVER that Rove himself is now worried that he may be indicted. When have you heard that before? It was always I'm absolutely confident I will be cleared. He knows he's screwed.
I contend the charges are being drawn up right now. That's why the announcement that it will be approximately a week before a "decision" is made was put out. The decision that is being made is how many counts are going to be in the indictment. Each occasion of lying to federal agents or the grand jury is a separate count. I suspect there were numerous statements that were false and are each being evaluated for their seriousness as a separate count. This is what I believe Patrick will be presenting to the grand jury in their next few meetings.
I believe he wants multiple counts and he will be very careful in drawing those counts. The indictment becomes the official record of charges alleged and specifics. These are subject to brutal defense lawyer examination for technicalities to be thrown out. Knowing Fitzgerald's track record and brilliance as a prosecutor, he will not make mistakes. I am betting this is the only thing left to be determined and a final draft bill of indictment will be signed by all in this grand jury.
And don't forget that mystery envelope that was paper clipped to the Libby indictment that none of the legal experts had ever seen. That envelope has something to do with what is happening right now. You can bet on it.
Be prepared to throw your hat in the air. And I don't think we have long to wait !!!!!!! :beer:
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