Sunday, July 17, 2005


Rove: Witness for the Prosecution?

Daily Kos: Cooper Contradicts Rove

Some on the lefty blogs think Matt Cooper's testimony shows Rove and his lawyer's claim that "Cooper called Rove and first talked about Welfare Reform" to be false.

Well that is a bit of ridiculous logic. Just because he says something that differs from Rove doesn't make one telling the truth and the other a liar. How the conversation started isn't that important - Cooper called Rove - that's the relevant point. In both cases - whether Cooper talked to 'Scooter" Libby or Rove, it was Cooper that brought up Wilson's wife NOT Rove.

In addition, and hat tip to Powerlineblog, Did you know that Mr. Cooper's wife is Mandy Grunwald, a Democratic Party Strategist? As John Hinderaker of Powerlineblog puts it: "Is that fact relevant to Cooper's "burning" of Karl Rove? It is relevant to Cooper's reasons for disclosing two of his Plame "sources," but declining to disclose the others? Who knows? But isn't this information that the media ought to supply so that we can intelligently evaluate Cooper's actions and motivations?"

For the burn reference read this.Do I think it's a big deal, yes I do. In fact I'm developing a facinating matrix of what is behind this story you won't want to miss. Mr. Cooper has a staring role.

As I posted here, I think there is a greater story coming out of this , but if Fitzgerald does charge someone with perjury it won't be for Rove, but possibly for Cooper. You see, Cooper, not Rove has not been exactly forthcoming in his testimony, nor in what he has written and said to the press. The way I see it - and being trained law enforcement to see when someone is acting "froggy", Cooper is jumping all over the place.

To illustrate here is something Cooper didn't tell anyone:

As Cooper, became talkative this last week, ONLY after obtaining what he said was a "waiver" from Karl Rove - his source. Well, that's not exactly true. Actually he had a waiver from Mr. Rove all along - for the last 18 months to be exact.

Why did he have one? To explain let me give you a little bit of knowledge of how a grand jury works, as I have some intimate knowledge of the process. First a grand jury isn't a trial. It is an investigation before a group of people (the jury) and solicites testimony and evidence to see if there is enough information for an indictment. During grand jury investigation, specifically in the beginning, the prosecution will execute waivers to allow witness to freely testify.

Now, 18 months ago, the special prosecutor authored a waiver that Karl Rove signed that allowed anyone whom he had spoken to relevant to the investigation, could talk freely. Cooper and his attorney were given a copy of that waiver from Rove.

Again, Byron York of National Review takes it from here:

"Luskin also shed light on the waiver that Rove signed releasing Cooper from any confidentiality agreement about the conversation. Luskin says Rove originally signed a waiver in December 2003 or in January 2004 (Luskin did not remember the exact date). The waiver, Luskin continues, was written by the office of special prosecutor Fitzgerald, and Rove signed it without making any changes — with the understanding that it applied to anyone with whom he had discussed the Wilson/Plame matter. "It was everyone's expectation that the waiver would be as broad as it could be," Luskin says.

Cooper and New York Times reporter Judith Miller have expressed concerns that such waivers (top Cheney aide Lewis Libby also signed one) might have been coerced and thus might not have represented Rove's true feelings. Yet from the end of 2003 or beginning of 2004, until last Wednesday, Luskin says, Rove had no idea that there might be any problem with the waiver.

It was not until that Wednesday, the day Cooper was to appear in court, that that changed. "Cooper's lawyer called us and said, "Can you confirm that the waiver encompasses Cooper?" Luskin recalls. "I was amazed. He's a lawyer. It's not rocket science. [The waiver] says 'any person.' It's that broad. So I said, 'Look, I understand that you want reassurances. If Fitzgerald would like Karl to provide you with some other assurances, we will.'" Luskin says he got in touch with the prosecutor — "Rule number one is cooperate with Fitzgerald, and there is no rule number two," Luskin says — and asked what to do. According to Luskin, Fitzgerald said to go ahead, and Luskin called Cooper's lawyer back. "I said that I can reaffirm that the waiver that Karl signed applied to any conversations that Karl and Cooper had," Luskin says. After that — which represented no change from the situation that had existed for 18 months — Cooper made a dramatic public announcement and agreed to testify."

Now here is a question. Why did Cooper wait 18 months to finally come forward and testify? Why did he and Miller get into this 'tango' with the Prosecutor over 'sources', when Cooper and Miller already have waivers to testify? By the way Scooter Libby signed one too - so Cooper could have told "his story" long ago.

People who don't sign waivers have something to hide. From everything we know, Rove has been cooperating with Fitzgerald since the beginning - without restriction. Cooper and Miller have been the cog in the wheels.

Cooper through his attorney seemed awful hestitant and cautioned asking for an additonal specific waiver from Rove.

From this, and my experience, I am going to tell you that Rove isn't the point of this investigation, but Cooper, Miller and some others may have a little bit of a problem.

In addition, and this statement from Rove's lawyer is very telling:

"Finally, Luskin conceded that Rove is legally free to publicly discuss his actions, including his grand-jury testimony. Rove has not spoken publicly, Luskin says, because Fitzgerald specifically asked him not to."

Notice that? When a Prosecutor asks someone NOT to say anything, there is a very good reason for it. It usually means that they are a "Prosecution Witness", not a target or subject. This means that Rove's information has been very helpful to Fitzgerald and thus Rove's testimony may be used against another.

Check out Ed's take at Captain's Quarters Blog - he pretty much it's time for the story to go to pasture.

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