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Reply #65: Tim Grieve's got an informative post up at Salon [View All]

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VolcanoJen Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-26-06 04:08 PM
Response to Reply #55
65. Tim Grieve's got an informative post up at Salon
Edited on Wed Apr-26-06 04:11 PM by VolcanoJen
This is some decent speculation, and also includes some of the words used in Luskin's statement, which I still can't find in its entirety. /


Rove lawyer: My client is not a target

Karl Rove seems to be done testifying before the grand jury -- at least for today -- and his lawyer is throwing some cold water on the indictment watch. In a statement distributed to the press, Robert Luskin says that special prosecutor Patrick Fitzgerald has advised Rove that he is "not a target" of his investigation.

"Target" is a term of legal significance here. The U.S. Attorneys' Manual defines a "target" as someone "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." If Rove isn't a "target," what is he? Scooter Libby's lawyers have said that Rove is a "subject," and Luskin has all but confirmed as much in the past. A "subject," the U.S. Attorneys' Manual says, is a person "whose conduct is within the scope of the grand jury's investigation."


But before reading too much into Luskin's statement, let us say this about that. We know a little bit about federal grand juries, and we've never heard of anyone -- particularly anyone in legal jeopardy -- going before a grand jury to "explore" anything. People testify before grand juries because they have to or because they think doing so will get them out of whatever jam they're in. Which description describes Rove? Luskin's statement was pretty circumspect; he said that his client testified "voluntarily" and "unconditionally" today, but he also said that he did so at Fitzgerald's request. Our translation: Rove and Luskin, eager to show Fitzgerald and the world that they're "cooperating," didn't insist that the prosecutor serve them with a subpoena in order to compel Rove's appearance.

Update: Truthout is reporting that sources "knowledgeable about the probe" are saying that Fitzgerald has notified Luskin in a letter that his client is, in fact, a target of the investigation. At the federal courthouse in Washington, a spokesman for Rove just told Salon's Michael Scherer that the report is "utterly false."
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