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Okay, so I’m reading the Time article on the Rove development (thanks to jbalazs for the heads up), and a couple of things jump out at me.  First of all, now Luskin is saying that he received a FAX from Fitzgerald.  So, we’ve heard phone call (in the television reporting), letter (NYTimes) and now FAX from Time Magazine’s Mike Allen.

Second, there is this paragraph:

Luskin had just received a fax from Patrick Fitzgerald, the special counsel in the case, saying that he was formally notifying Luskin that absent any unexpected developments, he does not anticipate seeking any criminal charges against Rove.  (emphasis mine)

Translation: if I get solid evidence that your client lied to me, all bets are off. 

Fitzgerald did not close the door entirely — no prosecutor ever does, since you never know what will turn up in the next document dump or investigative interview — so in order for Rove to be entirely in the clear for the long haul, he’d best have told the truth, the whole truth and nothing but the truth.  Can the same be said for Dick Cheney and others in the case?  Time will tell.

Is Fitzgerald likely to charge Rove at this point?  No, or he wouldn’t have sent the fax.  But the investigation ends when Fitzgerald says it has and, frankly, there has been no announcement to that effect.  (Nor will there be until, at the earliest, the end of the Libby matter.  And won’t that be some fun testimony…)  And everything points to the fact that things are continuing, since Fitzgerald’s spokesperson, Russell Samborn, is still in no comment mode, among other things.

But if evidence is found which shows that Rove lied or in some way obstructed the case?  Well, that’s a FAX of a different color.

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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