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Karl Rove Testifies Before Grand Jury Re: Plame

Karl Rove bit the bullet and testified before the grand jury investigating the leak of the identity of former CIA operative Valerie Plame.

"He's doing his part to cooperate," said White House spokesman Scott McClellan, traveling with Bush on campaign visits to Iowa and Wisconsin.

Second piece of spin:

White House aides would not give any other details about the proceedings, which are secret.

There is no secrecy rule for federal grand jury witnesses. They can tell all they want about what they were asked and how they responded. The secrecy rule applies to prosecutors, grand jurors, investigators and others involved in the proceedings.

Fed. R. Crim. P. Rule 6(e)(2) Secrecy.

(A) No obligation of secrecy may be imposed on any person except in accordance with Rule 6(e)(2)(B).

(B) Unless these rules provide otherwise, the following persons must not disclose a matter occurring before the grand jury:

(i) a grand juror;

(ii) an interpreter;

(iii) a court reporter;

(iv) an operator of a recording device;

(v) a person who transcribes recorded testimony;

(vi) an attorney for the government; or

(vii) a person to whom disclosure is made under Rule 6(e)(3)(A)(ii) or (iii).

Karl Rove could hold a press conference and say what he told the grand jury...if he wanted to.

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NYT Reporter Judith Miller Ordered Jailed, Stayed

The Valerie Plame grand jury investigation is taking prisoners:

A federal judge held a reporter in contempt Thursday for refusing to divulge confidential sources to prosecutors investigating the leak of an undercover CIA officer's identity.

U.S. District Judge Thomas F. Hogan ordered New York Times reporter Judith Miller jailed until she agrees to testify about her sources before a grand jury, but said she could remain free while pursuing an appeal. Miller could be jailed up to 18 months.

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Court Orders NYTimes Reporter to Testify in PlameGate

A federal judge today ordered New York Times reporter Judith Miller to testify before the grand jury investigating the leak of the identity of former CIA operative Valerie Plame. [Text of opinion.]

In a decision made public Thursday, U.S. District Judge Thomas F. Hogan rejected Judith Miller's claim that as a reporter she should not be compelled to testify about confidential sources. Federal prosecutors are trying to find out who in the Bush administration leaked the identity of Valerie Plame, whose name was published by syndicated columnist Robert Novak on July 14, 2003. Novak cited two "senior administration officials" as his sources. It can be a felony to leak the name of an undercover officer.

In his ruling, Hogan said Miller's testimony "is necessary for completion of this investigation ... and is expected to constitute direct evidence of innocence or guilt."

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NY Times Reporter Judith Miller Subpoenaed in Plame Investigation

Don't you just love when the media takes a stand....for one of their own? New York Times Reporter Judith Miller has been subpoenaed to the grand jury investigating the leak of former CIA operative Valerie Plame's identity. The grand jury wants to know who is responsible for the leak, and whether reports are true that the offending parties are senior Bush Administration officials. Here's the Times' response:

"We regret that the special prosecutor has chosen to issue a subpoena that seeks to compel Judy Miller to reveal her confidential sources," Mr. Sulzberger said. "Journalists should not have to face the prospect of imprisonment for doing nothing more than aggressively seeking to report on the government's actions. Such subpoenas make it less likely that sources will be willing to talk candidly with reporters and ultimately it is the public that suffers.''

Lawyers for The Times said the paper expected that it would be served a separate subpoena for its records. They said the paper would fight that subpoena, too.

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Reporter Held in Contempt in CIA-Plame Leak Probe

A Time Magazine reporter has been held in contempt for refusing to testify before the grand jury investigating the leak of former CIA operative Valerie Plame's identity. NBC's Tim Russert avoided a similar fate:

In an order issued July 20 but not made public until Monday, U.S. District Judge Thomas F. Hogan ruled that Time's Matthew Cooper and "Meet the Press" host Tim Russert were required to testify "regarding alleged conversations they had with a specified executive branch official."

NBC News issued a statement saying that Russert already had been interviewed under oath by prosecutors on Saturday under an agreement to avoid a protracted court fight. The interview concerned a July 2003 phone conversation he had with Vice President Cheney's chief of staff, Lewis "Scooter" Libby....Neal Shapiro, president of NBC News, said the network agreed that forcing reporters to testify about their sources is "contrary to the First Amendment's guarantee of a free press." Shapiro said Russert answered "only limited questions" about the conversation with Libby "without revealing any information he learned in confidence."

Background for those who haven't been following the case:

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Bush Interviewed in Plame Leak Probe

Federal prosecutors interviewed George Bush today at the Oval office concerning the leak of CIA Agent Valerie Plame's identity, which is the subject of a grand jury investigation. The questioning lasted 70 minutes and was done by chief prosecutor Patrick Fitzgerald. Bush's personal lawyer, Jim Sharp, whom he retained for the occasion, was present.

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Cheney Interviewed in Plame Investigation

by TChris

Vice President Cheney was reportedly interviewed by federal prosecutors investigating the disclosure of Valerie Plame's status as an undercover CIA officer. As anybody within sniffing distance of a federal investigation would be wise to do, Cheney is believed to have consulted with counsel prior to the interview. The possible involvement of Cheney's office in the illegal disclosure is suggested by (among others) Plame's husband, Joseph Wilson.

It is not clear when or where Mr. Cheney was interviewed, but he was not questioned under oath and he has not been asked to appear before the grand jury, people officially informed about the case said.

Cheney's office declined comment on the interview.

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Cheney May Have Consulted Outside Counsel Over Plame Investigation

Vice President Dick Cheney has also consulted outside counsel in the Valerie Plame grand jury leak investigation, says John Dean.

Suffice it to say that whatever the meaning of Bush's decision to talk with private counsel about the Valerie Plame leak, the matter has taken a more ominous turn with Bush's action. It has only become more portentous because now Dick Cheney has also hired a lawyer for himself, suggesting both men may have known more than they let on. Clearly, the investigation is heading toward a culmination of some sort. And it should be interesting.

The statement released by Cheney's office is as follows, according to the New York Times:

In answer to a reporter's question, Mr. Cheney's spokesman, Kevin Kellems, issued this statement: "Terrence O'Donnell, partner at Williams & Connolly, has been the vice president's personal attorney for several years. He has consulted Mr. O'Donnell on many matters since coming to the White House. Were the vice president to seek legal counsel on any issue, Mr. O'Donnell is the man he would go to. Given the fact that the Wilson case is currently under investigation, our office is not commenting further on the matter."

John Dean also says there are Serious Implications Of President Bush's Hiring A Personal Outside Counsel For The Valerie Plame Investigation :

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Report: Bush Knew of Leak of Valerie Plame's Identity

Capitol Hill Blue is reporting that witnesses have told the grand jury that President Bush knew in advance of plans to leak Valerie Plame's identity and did nothing to stop it. The article says this is the reason Bush is seeking outside legal advice?

Their damning testimony has prompted Bush to contact an outside lawyer for legal advice because evidence increasingly points to his involvement in the leak of covert CIA operative Valerie Plame's name to syndicated columnist Robert Novak. The move suggests the president anticipates being questioned by prosecutors. Sources say grand jury witnesses have implicated the President and his top advisor, Karl Rove.

The White House says Bush's talks with attorney Jim Sharp are just "routine precaution."

[link via Poor Man.]

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CIA Director George Tenet Resigns

CIA Director George Tenet resigned today "for personal reasons."

Tenet had been under fire for months in connection with intelligence failures related to the U.S.-led war against Iraq, specifically assertions the United States made about Saddam Hussein's purported possession of weapons of mass destruction, and with respect to the threat from the al-Qaida terrorist network.

During his seven years at the CIA, speculation at times has swirled around whether Tenet would retire or be forced out, peaking after the terror attacks of Sept. 11, 2001 and surging again after the flawed intelligence estimates about Iraq's fighting capability.

"Personal reasons"? What do you think?

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Bush Seeks Legal Advice over Plame Leak

President Bush has sought independent legal advice from Washington lawyer Jim Sharp in connection with the grand jury investigation investigating the leak of the identity of CIA operative Valerie Plame--and may retain him.

There was no indication that Bush was a target of the leak investigation, but the president's move suggested he anticipates being questioned about what he knows....White House press secretary Scott McClellan confirmed that Bush had contacted Washington attorney Jim Sharp. "In the event the president needs his advice, I expect he probably would retain him," McClellan said.

The Democrats were quick to criticize the President:

Democrats seized on the news to criticize the president. "It speaks for itself that the president initially claimed he wanted to get to the bottom of this, but now he's suddenly retained a lawyer," said Jano Cabrera, spokesman for the Democratic National Committee. "Bush shouldn't drag the country through grand juries and legal maneuvering. President Bush should come forward with what he knows and come clean with the American people."

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Reporters Subpoenaed in Plame Investigation

by TChris

NBC's Tim Russert and Time magazine's Matthew Cooper were subpoenaed to testify before a grand jury investigating the White House's disclosure to selected journalists that Joseph Wilson's wife, Valerie Plame, is a CIA agent. (Background collected here.) Time and NBC will attempt to quash the subpoenaes to protect the confidentiality of their sources.

The request to interview reporters may suggest that the probe is nearing a conclusion, because Justice Department guidelines require that prosecutors exhaust all other avenues before calling reporters before a grand jury. Attorneys for several grand jury witnesses and news organizations said it is not clear whether [Special Prosecutor Patrick] Fitzgerald is moving toward seeking indictments in the case or whether he is preparing to complete it without bringing criminal charges.

A reporter's right to protect confidential sources is not absolute, and courts sometimes order disclosure as a last resort to advance a criminal investigation. Journalists sometimes disobey court orders to disclose sources, risking contempt sanctions. No word on whether a subpoena has been issued to Robert Novak, who was clearly the recipient of a leak about Plame's identity and was thus a key witness to the alleged crime.

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