Pigs run free. Waas is up. 25 May 2006Posted by marisacat in DC Politics, Inconvenient Voice of the Voter.
And this would be the salient part from the National Journal piece:
Fitzgerald is still investigating Rove for possible perjury and obstruction of justice for Rove's failure to disclose in his initial FBI interview and his initial grand jury testimony that he had provided information about Plame to Cooper. Rove has said that his failure to disclose his conversation with Cooper was because of a faulty memory.
As Fitzgerald considers whether to bring charges against Rove, central to any final determination will be whether Rove's omissions were purposeful.
Dan Richman, a law school professor at Fordham University and a former federal prosecutor for the Southern District of New York, says that perjury and obstruction cases are difficult to bring.
"In many instances, you almost have to literally take the jury inside a defendant's head to demonstrate their intent," he said.
As of now, it appears unlikely that Fitzgerald will bring charges related to the September 29 conversation, according to Richman and other legal experts. Even if the prosecutor and his investigative team conclude that Rove and Novak did indeed devise a cover story to protect Rove, it is simply too difficult to prove what happened in a private conversation between two people.
A longtime friend of Rove, who doesn't have firsthand knowledge of the CIA leak case but who knows both Rove and Novak well, doubts that Fitzgerald could get a conviction –
"as long as neither [Novak nor Rove] breaks, and there is no reason for them to, no matter how much evidence there is. These are two people who go way back, and they are going to look out for each other."
Richman says that a grand jury could consider circumstantial evidence in weighing whether to bring charges, so long as there is also other substantial evidence, and that the prosecutor can present that evidence at trial.
"It's possible that prosecutors would view their [September 29] conversation as the beginning of a conspiracy to obstruct justice, given that they had reason to believe that an investigation would soon be under way," says Richman. "It's even more likely that this conversation would help prosecutors shed light on Rove's motivations and intent when he later spoke to investigators."
– Previous coverage of pre-war intelligence and the CIA leak investigation from Murray Waas.
I have not bothered to write much about the investigation, tho I have followed it. I consider "Fitzmas" hype to be a rather frenzied side show from the Democrats. Anything to try to fire up a base – any base, when they themselves are in supine decline.
I am sure Fitzgerald is as principled as it gets and very very hard working. But the natural impulse for government, that everlasting eternal one party thing called "government" is to protect itself.
And, there is no political will, none whatsoever, in the so-called opposition party to rein in the people slaying the Constitution and the Bill of Rights.