It was
widely reported that Rove was in legal jeopardy and reported
by Sale that Rove was to be indicted.
What stopped Fitzgerald from issuing the indictment against Rove? Could Fitz's visit with Bush's lawyer on Friday have something to do with the new information Rove gave Fitz?
Mr. Fitzgerald was spotted Friday morning outside the office of James Sharp, Mr. Bush's personal lawyer. Mr. Bush was interviewed about the case by Mr. Fitzgerald last year. It is not known what discussions, if any, were taking place between the prosecutor and Mr. Sharp. Mr. Sharp did not return a phone call, and Mr. Fitzgerald's spokesman, Randall Samborn, declined to comment.
NYT 10/29/05
Did Rove tell Fitzgerald that Bush was involved? Is Rove's story that Bush called Rove from AF1 and authorized in some way that Rove was to knock down the Wilson's story by getting out the fact that Plame was involved with the Niger trip.
More
Fitz reportedly had an indictment ready present against Rove on Tuesday.
I think he had conspiracy, which Anonymous Liberal laid out so well
here, and obstruction and perjury. I would add that Hadley may also be involved in obstruction because he didn't turn over his email from Rove either.
The article in the 10/28/05 WAPO says that
Rove provided new information to Fitzgerald during eleventh-hour negotiations that "gave Fitzgerald pause" about charging Bush's senior strategist, said a source close to Rove. "The prosecutor has to resolve those issues before he decides what to do."
Clearly the "new information" is what stopped Fitz from issuing the indictment. Whatever the new information is, it is not enough to necessarily get Rove off the hook. What issues does Fitz has to resolve in relation to the new information from Rove?
Here is a rundown on what Fitz has on Rove.
Rove/Obstruction
Rove concealed evidence when he failed to turn over the Hadley email and the phone log of the Cooper/Rove call. Rove also concealed evidence when he failed to disclose the Cooper conversation.
Rove/Perjury
Rove lied to the GJ and or FBI when he said he first heard from reporters and when he said he didn't talk to reporters until he read about Plame in Novak's column. Rove changed his story and says it is possible he learned of Plame from Libby after he was shown testimony from Libby that stated Libby had told him.
Rove defense is reported to be that he forgot all of the above, apparently Hadley also forgot about the email. I think Fitzgerald does have the witnesses to prove that Rove committed perjury or false statements. Rove's original account to the FBI is known to be false, at that time he denied talking to any reporter before Novak's column. Cooper's testimony and likely Novak's show he lied to the FBI.
Update: The timing is interesting.
"Bush Consults Lawyer About CIA Name Leak"
WAPO Thursday, June 3, 2004
"CIA Director Tenet Resigns"
WAPO Thursday, June 3, 2004
"Cheney Reportedly Interviewed in Leak of C.I.A. Officer's Name"
NYT Friday June 4, 2004
Update: Isikoff put out an article about the visit to Bush's lawyer.
Fitzgerald made another visit early Friday morning—shortly before the grand jury voted to indict Dick Cheney's top aide, I. Lewis (Scooter) Libby—to the office of James Sharp, President George W. Bush's own lawyer in the case, to tell him the president's closest aide would not be charged. Rove remains in some jeopardy, but the consensus view of lawyers close to the case is that he has probably dodged the bullet.