Political Cortex: Brain Food for the Body Politic

Special Prosecutor Patrick Fitzgerald delayed a decision on whether to seek criminal charges against Karl Rove in large part because he wants to determine whether Lewis (Scooter) Libby, the former chief of staff to Vice President Cheney, can provide information on Rove's role in the CIA leak case, according to attorneys involved in the investigation.

--snip--

On the last day of its two-year term, the federal grand jury in the leak case indicted Libby on five counts of making false statements, perjury, and obstruction of justice as part of an alleged effort to conceal his own role, and perhaps that of other Bush administration officials, in publicly disclosing the identity of CIA officer Valerie Plame.

Fitzgerald did not seek an indictment of Rove, opting to present any potential new evidence on the White House deputy chief of staff to a new grand jury. In recent days, Fitzgerald has reinterviewed several witnesses with knowledge of Rove's role in the Plame leak and talked with attorneys of other potential witnesses.

Waas also implies that the wait might stretch to as long as two years.

The ongoing investigation means that Rove's legal status is likely to remain up in the air until the final disposition of Libby's case. That could be two years from now, or even longer. Rove's predicament contradicts recent news accounts indicating that Fitzgerald will conclude his probe of Rove in the near future.

Interviews with legal experts who are familiar with criminal prosecutions reveal that Fitzgerald's tactics, which would leave Karl Rove's status as a target in limbo, are not uncommon.

Stan Brand, a Washington defense lawyer who has specialized in representing clients in high-profile political cases and before special prosecutors, says that "while it is not a good thing for anyone to be hung out to dry during a criminal investigation," Fitzgerald has shown himself to be a prosecutor who "has come to the case with no predisposition and no political bent."

Regarding Rove, Brand said: "He is not being treated differently than anyone else. If you don't like the way the system works in this instance, you don't like it, period."

Without a plea deal with Scooter Libby, the investigation of Rove's role in the leak will last well into next year's election cycle and beyond.

Waas has supplied some answers to some nagging questions I've had about Fit'z tactics and behavior.