Waas: Rove-Novak Call Was Concern...

Well, perhaps Karl Rove will be indicted. Murray Waas reports:

NATIONAL JOURNAL: Rove-Novak Call Was Concern To Leak Investigators (05/25/2006): On September 29, 2003, three days after it became known that the CIA had asked the Justice Department to investigate who leaked the name of covert CIA officer Valerie Plame, columnist Robert Novak telephoned White House senior adviser Karl Rove to assure Rove that he would protect him from being harmed by the investigation, according to people with firsthand knowledge of the federal grand jury testimony of both men....

Sources said that Ashcroft received a special briefing on the highly sensitive issue of the September 29 conversation between Novak and Rove because of the concerns of federal investigators that a well-known journalist might have been involved in an effort to not only protect a source but also work in tandem with the president's chief political adviser to stymie the FBI.

Rove testified to the grand jury that during his telephone call with Novak, the columnist said words to the effect: "You are not going to get burned" and "I don't give up my sources," according to people familiar with his testimony. Rove had been one of the "two senior administration" officials who had been sources for the July 14, 2003, column in which Novak outed Plame as an "agency operative." Rove and Novak had talked about Plame on July 9, five days before Novak's column was published.... Asked during his grand jury appearance his reaction to the telephone call, Rove characterized it as a "curious conversation" and didn't know what to make of it, according to people familiar with his testimony....

Foremost among the reasons that federal investigators harbored suspicions about the September 29 conversation was its timing. Three days earlier, NBC broke the news that the CIA had asked the Justice Department to launch a probe into the leaking of Plame's identity. During the noon news briefing at the White House on September 29, various reporters asked spokesman Scott McClellan repeatedly whether Justice was indeed investigating the Plame leak. "If someone leaked classified information of the nature that has been reported, absolutely, the president would want it to be looked into," McClellan responded. "And the Justice Department would be the appropriate agency to do so."... A second reason that federal investigators were suspicious, sources said, is that they believed that after the September 29 call, Novak shifted his account of his July 9, 2003, conversation with Rove to show that administration officials had a passive role in leaking Plame's identity.

On July 22, 2003 -- eight days after the publication of Novak's column on Plame -- Newsday reporters Timothy Phelps and Knut Royce quoted Novak as telling them in an interview that it was White House officials who encouraged him to write about Plame. "I didn't dig it out, it was given to me," Newsday quoted Novak as saying about Plame. "They thought it was significant. They gave me the name, and I used it."... Novak did not speak publicly on the matter again until September 29.... "Nobody in the Bush administration called me to leak this. In July, I was interviewing a senior administration official on Ambassador [Joseph C.] Wilson's report [on his Niger trip], when [the official] told me the trip was inspired by his wife, a CIA employee working on weapons of mass destruction. Another senior official told me the same thing.....

In explaining the discrepancy between what he told Newsday a week after he outed Plame and everything he said later regarding Plame, Novak has said that Phelps "badly misquoted" him. Phelps, who is Newsday's Washington bureau chief, denied that, saying he took accurate notes of his interview with Novak and reported exactly what Novak told him....

A third reason that investigators are said to be concerned about a possible cover story was the grand jury testimony of both Novak and Rove about their July 9, 2003, conversation. On that day, Novak was still reporting for his July 14 column. Novak and Rove have testified that it was Novak, not Rove, who raised the subject of Plame's CIA job and Wilson's trip to Niger, according to people familiar with the testimony of both men. Rove has testified that he simply told the columnist that he had heard much the same information about Plame, which perhaps was nothing more than an unsubstantiated rumor. Novak's account of the July 9 call matched Rove's. Investigators were suspicious that, if this version was true, the columnist would have relied on Rove as one of his two sources to out Plame as an "agency operative."

Ashcroft was advised during the briefing that investigators had strong reservations about the veracity of the Novak and Rove accounts of the July 9 conversation. If Rove had simply said that he heard the same information that Novak did, investigators wondered why Novak would have relied on such an offhand comment as the basis for writing the column. Investigators also wondered why Novak had not at least asked Rove about what else he knew about Plame, sources said....

Rove and Novak, investigators suspect, might have devised a cover story to protect Rove because the grand jury testimony of both men appears to support Rove's contentions about how he learned about Plame. Rove has testified that he did not learn that Plame was a CIA operative from classified information, that he was not part of a campaign with Libby or other White House officials to discredit Wilson or out Plame, and that any information that he provided Novak and Cooper about Plame's CIA job was only unsubstantiated gossip....

As of now, it appears unlikely that Fitzgerald will bring charges related to the September 29 conversation, according to Richman and other legal experts. Even if the prosecutor and his investigative team conclude that Rove and Novak did indeed devise a cover story to protect Rove, it is simply too difficult to prove what happened in a private conversation between two people. A longtime friend of Rove, who doesn't have firsthand knowledge of the CIA leak case but who knows both Rove and Novak well, doubts that Fitzgerald could get a conviction -- "as long as neither [Novak nor Rove] breaks, and there is no reason for them to, no matter how much evidence there is. These are two people who go way back, and they are going to look out for each other."

Richman says that a grand jury could consider circumstantial evidence in weighing whether to bring charges, so long as there is also other substantial evidence, and that the prosecutor can present that evidence at trial. "It's possible that prosecutors would view their [September 29] conversation as the beginning of a conspiracy to obstruct justice, given that they had reason to believe that an investigation would soon be under way," says Richman. "It's even more likely that this conversation would help prosecutors shed light on Rove's motivations and intent when he later spoke to investigators."