Pardon me?.........Please
Rove's Testimony a Risky Move, Legal Experts Say, but Not Testifying Also Might Be Risky
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By Pete Yost Associated Press Writer
Published: Oct 7, 2005
WASHINGTON (AP) - Presidential aide Karl Rove's upcoming fourth appearance before a federal grand jury investigating the leak of a CIA officer's identity is a risky legal move because it opens him up to making statements that are inconsistent with what he previously has said, legal experts say.
Rove offered in July to return to the grand jury and Special Counsel Patrick Fitzgerald accepted last Friday, lawyers familiar with the investigation said Thursday, speaking only on condition of anonymity.
The grand jury normally meets on Fridays and was also scheduled to convene next week, but it was unclear when Rove would testify again.
"In a normal criminal investigation, most defense lawyers are extremely cautious about their clients testifying even once before a grand jury and are generally loathe to let them testify more than once," said former federal prosecutor E. Lawrence Barcella Jr. "This is a classic example of what happens when there's a large political overlay to a criminal investigation."
At the same time, it may be risky for Rove not to testify, since Fitzgerald warned Rove that prosecutors can no longer guarantee he won't be indicted. The warning came in a letter accepting Rove's offer to testify one more time.
Stephen Gillers, a New York University law professor, said it was unusual for a witness to be called back to a grand jury four times and that the prosecutor's legally required warning to Rove before this next appearance is "an ominous sign" for the presidential adviser.
"It suggests Fitzgerald has learned new information that is tightening the noose," Gillers said.
After last week's appearance before the grand jury by New York Times reporter Judith Miller, Gillers said Fitzgerald may now suspect that Rove may in some way be implicated in the revelation of Valerie Plame's identity, or that he is investigating various people for obstruction of justice, false statements or perjury.