Wednesday, November 02, 2005

Rove's a Palooka
Rove-a-Palooza

From the WaPo, dissent in the ranks in the White House:

Top White House aides are privately discussing the future of Karl Rove, with some expressing doubt that President Bush can move beyond the damaging CIA leak case as long as his closest political strategist remains in the administration.

If Rove stays, which colleagues say remains his intention, he may at a minimum have to issue a formal apology for misleading colleagues and the public about his role in conversations that led to the unmasking of CIA operative Valerie Plame, according to senior Republican sources familiar with White House deliberations.
[...]
Bush's top advisers are considering whether it is tenable for Rove to remain on the staff, given that Fitzgerald has already documented something that Rove and White House official spokesmen once emphatically denied -- that he played a central role in discussions with journalists about Plame's role at the CIA and her marriage to former ambassador Joseph C. Wilson IV, a critic of the Iraq war.

"Karl does not have any real enemies in the White House, but there are a lot of people in the White House wondering how they can put this behind them if the cloud remains over Karl," said a GOP strategist who has discussed the issue with top White House officials. "You can not have that [fresh] start as long as Karl is there."
[...]
Rove remains in legal limbo.

Fitzgerald made it clear to Rove's attorney in private conversations last week that his client remains under investigation. And he signaled the same in his indictment of Libby on Friday, in which he identified a senior White House official who had conversations related to the Plame leak as "Official A." White House colleagues say Rove is clearly "Official A," based on the detailed description.

That kind of pseudonym is often used by prosecutors to refer to an unindicted co-conspirator, or someone who faces the prospect of being charged. No other administration official is identified in this way in Fitzgerald's indictment.

And Jonathan Alter over at Newsweek surmises that Rove could lose his security clearance (at minimum) over this fracas:

According to last week’s indictment of Scooter Libby, a person identified as “Official A” held conversations with reporters about Plame’s identity as an undercover CIA operative, information that was classified. News accounts subsequently confirmed that that official was Rove. Under Executive Order 12958, signed by President Clinton in 1995, such a disclosure is grounds for, at a minimum, losing access to classified information.

Section 5.1 of Clinton’s executive order prohibits “any knowing, willful or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information.” While the law against revealing the identity of a CIA operative requires that the perpetrator intentionally disclosed such classified information (a high standard, which may be one reason Fitzgerald did not indict on those grounds), the executive order covers “negligence,” or unintentional disclosure.

That means the only proper answer to a reporter’s questions about Joseph Wilson’s wife would have been something along the lines of, “You know I cannot discuss who may or may not be in the CIA.” The indictment makes clear that this was not the answer Official A provided when the subject was discussed with reporters Bob Novak and Matt Cooper.
[...]
Having his security clearance yanked would not require Rove to resign as deputy chief of staff to President Bush. But it would prevent him from taking part in policymaking that relates to national-security issues, which would mean a much-reduced role in the Bush White House. Some Democrats have asked the president to apologize for the Plame leak case—an unlikely event. But asking him to enforce executive orders could be a more legitimate line of inquiry. At a minimum, President Bush should be asked whether he believes this executive order applies to everyone in the White House—even Karl Rove.


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