Presidential aide’s testimony a risky legal move, experts say
Mr Rove offered in July to return to the grand jury and Special Counsel Patrick Fitzgerald accepted last
Friday, lawyers familiar with the investigation said on Thursday.
The grand jury normally meets on Fridays and was scheduled to convene next week, but it was unclear when Mr Rove would testify again.
Former federal prosecutor E Lawrence Barcella Jr said: “In a normal criminal investigation, most defence lawyers are extremely cautious about their clients testifying even once before a grand jury and are generally loathe to let them testify more than once. This is a classic example of what happens when there’s a large political overlay to a criminal investigation.”
At the same time, it may be risky for Mr Rove not to testify, since Mr Fitzgerald warned him prosecutors can no longer guarantee he won’t be indicted. The warning came in a letter accepting Mr Rove’s offer to testify again.
Stephen Gillers, a New York University law professor, said it was unusual for a witness to be called back to a grand jury four times and the prosecutor’s warning to Mr Rove before this next appearance is “an ominous sign” for the adviser.
“It suggests Fitzgerald has learned new information that is tightening the noose,” Mr Gillers said.
After last week’s appearance before the grand jury by New York Times reporter Judith Miller, Mr Gillers said Mr Fitzgerald could suspect Mr Rove may in some way be implicated in the revelation of Valerie Plame’s identity, or that he is investigating people for obstruction of justice, false statements or perjury.
Mr Rove’s lawyer said Mr Fitzgerald has assured him he has made no decisions yet on charges and that Mr Rove has not received a so-called target letter, usually the last step before a grand jury indictment.
Attorney Robert Luskin said Mr Rove “continues to be co-operative voluntarily” with the investigation but that he could not further discuss his dealings with Mr Fitzgerald’s office.
For almost two years, Mr Fitzgerald has been investigating if someone in the Bush administration leaked Ms Plame’s identity for political reasons.
