Posted 5:22 PM by Robert

Rove Apparently Clear II

As noted in a prior post, the mainstream media have been drawing all the wrong conclusions from the circumstances surrounding Karl Rove's fourth visit appearance before Mr. Fitzgerald's grand jury. Indeed, only this morning the New York Times took front-page space to report breathlessly that some at the White House had "the jitters" over Mr. Rove's future. Baloney - at least with respect to anyone who really knows anything.

Now ordinary Department of Justice procedures seem to be catching up with events, and even the Times has had to replace its silly "jitters' screed with something that must be much more disappointing for the Gray Lady:

Mr. Rove's lawyer, Robert D. Luskin, told reporters that Mr. Fitzgerald "has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges." Mr. Luskin went on to say that the prosecutor "has indicated that he does not anticipate the need for Mr. Rove's further cooperation."

The job of an investigating prosecutor is not to pop surprise indictments out of the grand jury. Department of Justice guidelines are very clear on the matter: if Mr. Rove were a "target" of this investigation he should have been told of that before testifying. As the Department of Justice grand jury guidelines put it:

It is the policy of the Department of Justice to advise a grand jury witness of his or her rights if such witness is a "target" or "subject" of a grand jury investigation. ... A "target" is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. ... ...[T]he Department of Justice continues its longstanding policy to advise witnesses who are known "targets" of the investigation that their conduct is being investigated for possible violation of Federal criminal law.

What is happening to Mr. Rove is a very positive sign for him personally, despite the most fervent hopes and wishes of his agitated detractors.

Of course, other people might be at risk, including, perhaps reporters - and perhaps even a public corporation or publisher.