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When Two Worlds Collide
Why Karl Rove
will eventually fall before Special Counsel Patrick Fitzgerald
By
Elizabeth de la Vega
02/03/06 "Mother
Jones" -- --
For
Karl Rove, no news from the Plame case -- Special Counsel Patrick
Fitzgerald's grand jury investigation into the outing of Valerie
Plame Wilson's identity as a CIA agent -- is definitely not good
news. Seismic activity is notoriously silent, so we may not be
hearing any rumblings at the moment. But speaking as a former
prosecutor, I believe it highly likely that, just below the surface,
the worlds of Karl Rove and Special Prosecutor Patrick Fitzgerald,
shifting like tectonic plates, are about to collide. As was true
with Vice President Cheney's top aide, Lewis "Scooter" Libby,
charged with obstruction of justice and lying to a federal agent as
well as to the grand jury, Rove might not be charged with the leak
itself. I am confident, however, that Rove will not leave this party
empty-handed. He will, at the very least, almost certainly be
charged with making false statements to an FBI agent. Here's why.
For starters, the evidence that
Rove deliberately lied to the FBI is overwhelming.
In case anyone's forgotten, on July
14, 2003, eight days after former Ambassador Joseph Wilson in an
op-ed in the New York Times publicly questioned Bush's claim that
Iraq had tried to acquire "yellowcake" uranium in Africa, columnist
Robert Novak wrote that "two senior administration officials" had
told him the trip to Niger, which Wilson referenced in that piece,
had been arranged by his wife Valerie, whom the officials described
as a CIA operative assigned to investigate matters involving weapons
of mass destruction.
It is now undisputed that Karl Rove
spoke with at least two reporters about Valerie Wilson before
Novak's now infamous article appeared: Novak himself (whom Rove has
known for 30 years) and Time magazine's Matthew Cooper. Some
details of the discussion with Cooper are in dispute, but there's no
question that the two men discussed Valerie Wilson's identity as a
CIA agent and the administration's claim that she had arranged her
husband's trip to Niger. After the conversation, Rove sent an e-mail
about it to then Deputy National Security Adviser Stephen Hadley.
Rove's aide Susan Ralston has reportedly testified that Rove told
her not to log in the phone call, although that was the usual office
procedure. On July 17, Cooper wrote an article in which he described
conversations with two government officials who claimed Wilson's
wife was a CIA agent and had arranged Wilson's trip to Africa.
Cooper questioned whether the administration was declaring war on
Wilson.
Between July 14 and October 8, when
Rove was interviewed by the FBI, the Bush administration held
approximately 30 press briefings in which the leak and/or the
Iraq-Niger uranium allegations were discussed. There were hundreds
of news articles and repeated calls for an investigation by
congressmen, columnists, and the CIA.
By mid-September, Karl Rove was
increasingly being named as one of the "two senior administration
officials" who blew Wilson's cover and Bush's press officer Scott
McClellan was facing ever more insistent questions about Rove's
involvement. On September 16, McClellan said that "it was
ridiculous" to suggest Rove was the leaker. On the morning of
September 29, McClellan announced that "the President knows Rove is
not involved." From that date to October 8, when Rove was
interviewed, Bush and McClellan were specifically questioned about
Rove's possible role on ten separate occasions. On October 7, Rove
and other White House staffers were required to provide
investigators with all documents relating to any contacts they had
had with reporters about Joseph Wilson, his trip to Niger, or his
wife, Valerie Wilson.
As has now been widely reported,
when Karl Rove spoke to FBI agents, he specifically told them that
he had not spoken to any reporters about Joseph Wilson's wife
before Novak's article appeared.
Given the almost seamless press
coverage of the leak during the preceding three months, the time and
effort that the White House was devoting to the issue, as well as
the intensifying focus on whether he himself had leaked the
information, it is impossible to believe that, on October 8, Karl
Rove -- known for his brilliance, attention to detail, and legendary
memory -- did not remember those two conversations with reporters
about Valerie Wilson. If Rove told the FBI agents otherwise, it was
surely a deliberate lie.
According to reports, Rove then
added that he had first heard about Valerie Wilson from a reporter,
though he did not remember which reporter or when he heard it. He
also said that he had enlisted the aid of the Republican National
Committee and conservative news agencies among other groups to
spread disparaging information about Joseph Wilson and his wife, but
only after Novak's article appeared.
Rove's elaboration not only
compounded his initial lie but also illuminated the world of
politics that he has been incapable of leaving behind -- a world
that collides head-on with the one Patrick Fitzgerald inhabits,
where politics have no place and where laws, and the highest
standards of public service, prevail.
Despite his measured words,
Fitzgerald revealed much about his worldview in the press conference
in which he announced Libby's indictment. He said that the
investigation was serious because the disclosure of classified
information about a CIA officer could jeopardize national security.
But equally serious -- and he repeated this more than once -- was
the betrayal of government employees by their own officials. Anyone
who has worked as a federal prosecutor for two decades, as has
Fitzgerald, has also worked closely, often late and long hours, with
law enforcement agents, so it is not surprising perhaps that when
asked about the damage caused by the leak, Fitzgerald offered the
following:
"I can say that for the people who work at the CIA and work at
other places, they have to expect that when they do their jobs
that classified information will be protected. And they have to
expect that when they do their job, that information about
whether or not they are affiliated with the CIA will be
protected. And they run a risk when they work for the CIA that
something bad could happen to them, but they have to make sure
that they don't run the risk that something bad is going to
happen to them from something done by their own fellow
employees."
Over and over again, in that same press conference, Fitzgerald
demonstrated his belief that if you sign onto a system that has
certain rules, you have to follow those rules even if it might be
personally advantageous to break them. Those who tuned in saw
reporters repeatedly ask him about information he could not reveal
without violating the rules of grand jury secrecy or prosecutorial
ethics. He was asked, for example, whether other people might be
charged. He declined to answer. He was asked to evaluate the
strength of the case. He declined to answer. He acknowledged how
frustrating his inability to answer undoubtedly was to the assembled
media, but explained that he couldn't gather information according
to the rules of grand jury secrecy -- which prohibit talking about
people who were investigated but not charged with a crime -- and
then afterwards reveal the information anyway because it was too
"inconvenient" not to answer reporters' questions.
Later in the press conference, he said simply, "All I can do is
make sure that myself and our team follow the rules."
Fitzgerald's world is far removed from the world of expediency
and personal advantage in which Karl Rove operates. In his carefully
crafted statements during the FBI interview on October 8, Rove
indicated an obvious belief that he could get away with spreading
information about government employees for political purposes as
long as someone else had revealed that information first, regardless
of whether or not the information was disparaging or classified. He
did not appear to be concerned with where the information came from,
or even whether it was true.
Although it is astounding that Rove would blatantly describe such
a despicable ethos (if you can call it that), it should not have
been unexpected. In the world of campaign politics that Rove has so
long inhabited, smears and personal attacks are designed to seem as
if they were spontaneously generated. They can then wander around,
undirected, until they finally curl up in America's living rooms
like so many mysterious, uninvited guests. These intruders may be
rude and destructive, but no one is supposed to be able to get rid
of them, in part because no one is supposed to be able to sort out
or pinpoint how they got there in the first place. Thus, although
Karl Rove has lurked in the background of an unprecedented number of
whisper and smear campaigns -- that, for instance, John McCain had
an illegitimate child (a rumor spread during the Republican
primaries that preceded the 2000 election), or that former Texas
Governor Ann Richards was a lesbian (a persistent rumor that was
spread during Bush's Texas gubernatorial campaign) -- he has never
been held accountable. And that is a state of affairs to which Rove
became accustomed.
Rove has escaped responsibility for his sneaky campaign tricks
because the candidates for whom he has worked -- most prominently,
George Bush -- have had a stunning ability to accept,
unquestioningly, the miraculous appearance of information that takes
down their opponents. They had no problem about endorsing brazen
dishonesty or the least interest in ferreting out bad actors in
their camps. At the same time, opposing candidates have had neither
the resources, nor the time to fully investigate the attacks before
plummeting in the polls. Afterwards, of course, it was already far
too late.
Unlike Rove's former adversaries in the political world, however,
Fitzgerald has both the time and investigative resources. When
Fitzgerald was appointed special prosecutor, all the known facts on
the outing of Valerie Wilson indicated that government officials had
broken the rules, if not the law. It's no surprise then that
Fitzgerald has pursued the matter vigorously; nor should it be a
surprise that Rove's statement to the FBI on October 8 would have
raised some obvious red flags and caused Fitzgerald to become
skeptical. Rove deliberately omitted key information about
conversations with reporters that he could not possibly have
forgotten; he claimed to have heard classified government
information only from a reporter -- despite the fact that he himself
was one of the highest government officials in the nation; and then
he admitted that he had no qualms about enlisting surrogates to
betray government employees in order to achieve political gain.
Rove's statement raised more questions than answers. It also
opened a window into the world of a President's key adviser who
never left campaign mode and who had never before been tripped up,
no matter what he did. Such a man would be quite unprepared for an
investigator like Fitzgerald who operates under a very different
timetable and in a world ordered by radically different rules.
Now that Rove's statement has been shown to be so obviously
false, it would be most surprising if when his world and
Fitzgerald's collide, the result isn't a political earthquake. The
moment an earthquake arrives remains impossible to predict, but it
would be surprising if, in the CIA leak case, the impact of a Rove
indictment did not cause massive aftershocks.
Elizabeth de la Vega is a former federal prosecutor with more
than 20 years of experience. During her tenure, she was a member of
the Organized Crime Strike Force and Chief of the San Jose Branch of
the U.S. Attorney's Office for the Northern District of California.
Her pieces have appeared in the Nation, the Los Angeles
Times, and Salon. She may be contacted at
ElizabethdelaVega@Verizon.net.
Copyright 2006 Elizabeth de la Vega
This piece originally appeared, with an introduction by Tom
Engelhardt, at TomDispatch.com
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