WASHINGTON – Karl Rove has made a career convincing voters they should elect George Bush. Now, Rove will try to convince a federal grand jury that he should not be indicted.
In an eleventh-hour legal maneuver fraught with risk, Rove struck a deal with prosecutors to testify for a fourth and probably final time in the investigation into the leak of the identity of CIA officer Valerie Plame.
Special prosecutor Patrick Fitzgerald accepted Rove’s offer in the last week, but warned that he no longer can guarantee that the presidential aide will escape indictment, after months of telling Rove he was not a target.
The development comes as the grand jury wraps up its work and decides whether Rove, Vice President Dick Cheney’s chief of staff, Lewis “Scooter” Libby, or any other White House aides should face criminal charges.
Rove’s lawyer, Robert Luskin, said Thursday that Fitzgerald has assured him that he has not made a decision on charges. Luskin also said Rove has not received a target letter, which usually is the last step before a grand jury indictment.
“I can say categorically that Karl has not received a target letter from the special counsel,” Luskin said. “The special counsel has confirmed that he has not made any charging decisions in respect to Karl.”
Luskin said Rove “continues to be cooperative voluntarily” with the investigation, but that he could not further discuss his dealings with Fitzgerald’s office.
Several people directly familiar with the investigation said Fitzgerald sent a letter accepting Rove’s offer to testify, but said prosecutors no longer could guarantee that Rove would not be indicted.
Rove offered in July to return to the grand jury, and Fitzgerald accepted that offer last Friday after taking grand jury testimony from the formerly jailed New York Times reporter Judith Miller, these people said.
The U.S. attorney’s manual does not allow prosecutors to bring witnesses before a grand jury if there is a possibility of future criminal charges unless the witnesses are notified in advance that their testimony can be used against them in a later indictment.
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