Reply #194: "06-CR-128" was filed May 16-17th.

[Marie26]

OK, I used PACER to download a complete docket of all cases filed in the DC District Court between May 10th and June 12th. The case cites have a formula - the first number is the year, the "CR" is the type of case (Criminal), and the last number is sequential & assigned to each case based on when it was filed. So, the first criminal case filed in 2006 would be 1:06-CR-0001, the second one would be 1:06-CR-0002 etc. Even though this doesn't tell us exactly when it was filed, it does tell us what order it was filed in. So, if 06-CR-400 was filed on August 12th, that tells us 06-CR-401 couldn't have been filed until after that date.

The criminal docket doesn't list a 06-CR-128; it's completely missing from the docket. This is typical for sealed cases in the DC courts. However, we can tell when it was filed based on the dates of the surrounding cases. Here's the complete list of criminal cases filed in the DC district court from May 10 - May 23, 2006.

1:06-cr-00123-HHK
USA v. MANSOER Filed: 05/10/2006 Office: Washington, DC

1:06-cr-00125-RBW
USA v. DORIUS et al Filed: 05/12/2006 Office: Washington, DC

1:06-cr-00126-JDB
USA v. ABDOULAYE Filed: 05/12/2006 Office: Washington, DC

1:06-cr-00127-RWR
USA v. CURRY Filed: 05/16/2006 Office: Washington, DC

1:06-cr-00129-RMC
USA v. WASHINGTON Filed: 05/17/2006 Office: Washington, DC

1:06-cr-00131-PLF
USA v. HILLIARD Filed: 05/18/2006 Office: Washington, DC

1:06-cr-00132-EGS
USA v. MANOR Filed: 05/18/2006 Office: Washington, DC

1:06-cr-00136-HHK
USA v. GARCIA Filed: 05/23/2006 Office: Washington, DC

No 06-CR-128 listed at all. But the case before it, CR-127, was filed on May 16, 2006. And the case after it, CR-129, was filed on May 17, 2006. Therefore, we know that 06-CR-128 was filed either May 16 or May 17th. According to Leopold's original story, Rove was indicted (secretly) on May 12th. In his new "Sealed vs. Sealed" story, he says "As of Friday afternoon that indictment, returned by the grand jury the week of May 10th, remains under seal.. The case number is "06 cr 128." But based on the dates in the docket, that case cite CANNOT be the Rove indictment. This case was filed on Tuesday, May 16 or Wed., May 17th - NOT May 12th (when Fitz supposedly met w/the grand jury), and NOT during the week of May 7 - May 13th.

Either the case cite he used is wrong, or the date of the supposed indictment is wrong - both cannot be correct. And where is the indictment? There's no missing numbers at all from May 12 - May 16th, when the indictment was supposedly made, no "sealed vs. sealed," and the two cases listed from that time period are not Fitzgerald's. Even secret cases will be assigned a number, even if it doesn't appear on the docket. The first "gap" in numbers comes on May 16th, and then 4 other cases are missing from the docket from May 18-23. My point is that you could pick ANY of these unlisted numbers & randomly decide it's a Rove indictment - but NONE of them fit the supposed date of the indictment. Therefore, the reasonable conclusion is that 06-CR-128 is not the Rove indictment, and no indictment was issued against Rove on May 12th.