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Some Things to Contemplate…

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Media Matters asks:  why does Rove still have his high level security clearance?  And why aren’t reporters asking more about that?

What exactly does the phrase "doesn’t anticipate bringing charges" mean?  Otis has some thoughts:

The language used by Luskin strongly suggests that Rove got immunity in exchange for his cooperation (it is probably the same deal I have been suggesting was offered to Novak way back when. . . )Otherwise he never would have testified in the Grand Jury to begin with.

“Does not anticipate seeking charges” means that if Rove testifies at Libby’s trial as expected, and as his agreement no doubt provides for him to testify, (lawyers call it providing “ongoing cooperation”), then all will be well for him. But if he “goes sideways” on Fitz and testifies differently from what is now expected, he could be charged–w/perjury certainly, and his deal to avoid criminal liability in the larger conspiracy could be “off” as he could face charges in that as well.

All told, a very standard deal and not unexpected. The more interesting issue and the reason for optimism now is that he couldn’t have gotten such a deal without having something important to offer Fitz. The “no prosecution” letter pretty much guarantees that he that he made a good deal. Either he offered up Cheney himself, or he offered up Libby to guarantee a conviction so Fitz can roll up Libby to Cheney. Either way, for me, I see Cheney going down and that’s something I can live with!

I have to say that immunity in exchange for cooperation is certainly something that has crossed my mind after the unusual multiple testimonial appearances before the grand jury that Rove made. And I have to wonder what that does mean, if so. And when we’ll find out.

This is much harder on the outside looking in, even though it’s much less work in terms of juggling evidence and the grand jury secrecy issues versus the public’s right to know questions that I head to deal with when I was prosecuting cases. 

Bottom line for me:  it’s not over until Fitzgerald says it is over.

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Christy Hardin Smith

Christy Hardin Smith

Christy is a "recovering" attorney, who earned her undergraduate degree at Smith College, in American Studies and Government, concentrating in American Foreign Policy. She then went on to graduate studies at the University of Pennsylvania in the field of political science and international relations/security studies, before attending law school at the College of Law at West Virginia University, where she was Associate Editor of the Law Review. Christy was a partner in her own firm for several years, where she practiced in a number of areas including criminal defense, child abuse and neglect representation, domestic law, civil litigation, and she was an attorney for a small municipality, before switching hats to become a state prosecutor. Christy has extensive trial experience, and has worked for years both in and out of the court system to improve the lives of at risk children.

Email: reddhedd AT firedoglake DOT com

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