Cheney Aide Likely to Be Indicted Today; Rove Under Scrutiny
By DAVID JOHNSTON and RICHARD W. STEVENSON
WASHINGTON, Oct. 28 - Vice President Dick Cheney's chief of staff, I. Lewis Libby, is expected to be indicted today for making false statements to the grand jury in the C.I.A. leak case, lawyers in the case said Thursday.
Karl Rove, President Bush's senior adviser and deputy chief of staff, will not be charged today, but will remain under investigation, people briefed officially about the case said. As a result, they said, the special counsel in the case, Patrick J. Fitzgerald, was likely to extend the term of the federal grand jury beyond its scheduled expiration today.
As rumors coursed through the capital, Mr. Fitzgerald gave no public signal Thursday of how he intended to proceed, further intensifying the anxiety that has gripped the White House and left partisans on both sides of the political aisle holding their breath.
Mr. Fitzgerald's preparations for today's announcement have been shrouded in secrecy, but advanced amid a flurry of behind-the-scenes discussions that left open the possibility of last-minute surprises. As the clock ticked down on the grand jury, people involved in the investigation did not rule out the disclosure of previously unknown aspects of the case.
White House officials said Thursday that their presumption was that Mr. Libby would resign if indicted, and he and Mr. Rove took steps to expand their legal teams in preparation for a possible court battle.
Among the many unresolved mysteries is whether anyone in addition to Mr. Libby and Mr. Rove might be charged and in particular whether Mr. Fitzgerald would name the source who first provided the identity of a covert C.I.A. officer to Robert D. Novak, the syndicated columnist. Mr. Novak identified the officer in a column published July 14, 2003.
The investigation seemed to be taking an unexpectedly extended path after nearly two years in which Mr. Fitzgerald brought more than a dozen current and former administration officials before the grand jury and interviewed Mr. Bush and Mr. Cheney to determine how the identity of the officer, Valerie Plame Wilson, became public.
Mr. Fitzgerald is expected to hold a news conference at the Justice Department in Washington today. His spokesman, Randall Samborn, declined to comment.
Mr. Fitzgerald has examined whether the leak of Ms. Wilson's identity was part of an effort by the administration to respond to criticism of the White House by her husband, Joseph C. Wilson IV, a former diplomat. After traveling to Africa in 2002 on a C.I.A.-sponsored mission to look into claims that Iraq had sought to acquire material there for its nuclear weapons program, Mr. Wilson wrote in an Op-Ed article in The New York Times on July 6, 2003, that the White House had "twisted" the intelligence regarding the suspected transaction to justify the invasion of Iraq.
At the White House, the withdrawal of Harriet E. Miers as the president's nominee to the Supreme Court dominated the day. Still, officials waited anxiously for word about developments in the investigation, which has the potential to shape the remainder of Mr. Bush's second term.
Officials said that Mr. Bush, who traveled to Florida on Thursday to view the damage from Hurricane Wilma, would keep to his planned schedule today, including a speech on terrorism in Norfolk, Va., if indictments were announced.
Administration officials said that the White House would seek to keep as low a profile as possible if indictments were issued; Scott McClellan, the White House press secretary, did not schedule a briefing today, and Mr. Bush plans to leave in the afternoon for a weekend at Camp David.
With so much about the outcome of the case still in doubt, political strategists in Washington spent the day gaming out the implications of different endings.
The apparent delay in a decision about whether to charge Mr. Rove, and the continuation of the criminal inquiry, is a mixed outcome for the administration. It leaves open the possibility that Mr. Rove, Mr. Bush's closest and most trusted adviser, could avoid indictment altogether, an outcome that would be not just a legal victory but also the best political outcome the White House could hope for under the circumstances.
Yet, in apparently leaving Mr. Rove in legal limbo for now, Mr. Fitzgerald has left him and Mr. Bush to twist in the uncertainty of a case that has delved deep into the innermost workings of the White House and provided Democrats an opportunity to attack the administration's honesty and the way it justified the war to the American people.
Mr. Rove has had to step back from many of his public duties, including appearing at fund-raisers, and he is likely to have to keep a low profile as long as the investigation continues. It could also leave him distracted, depriving the White House of his full attention at a time when Mr. Bush is struggling to regain his political footing after months in which the bloody insurgency in Iraq, Hurricane Katrina and the failed Supreme Court nomination of Harriet E. Miers have left the administration stumbling.
An indictment of Mr. Libby, who is seen by many people in the White House as Mr. Cheney's alter ego, would also keep a focus on the way in which the administration built its case that Saddam Hussein was a threat who had to be dealt with. Any trial of Mr. Libby would likely shine a spotlight in particular on Mr. Cheney and his prewar role.
Mr. Fitzgerald has been closely examining the truthfulness of accounts given by Mr. Rove and Mr. Libby about their conversations with reporters about Ms. Wilson. As early as February 2004, two months after he was appointed, Mr. Fitzgerald obtained a specific written authorization from James B. Comey, the deputy attorney general who appointed him, permitting him to investigate efforts to mislead the inquiry.
The prosecutor has inquired how Mr. Libby and Mr. Rove first learned that Ms. Wilson was employed at the C.I.A. and whether the discussions were part of a deliberate effort to undermine the credibility of her husband, according to lawyers in the case. The lawyers declined to be named, citing Mr. Fitzgerald's request not to discuss the case.
Allies of Mr. Rove and Mr. Libby have hoped that Mr. Fitzgerald could be convinced that any misstatements were inadvertent and not intended to conceal their actions from prosecutors.
In addition, they have hoped that the prosecutor would conclude it would be difficult to convince a jury that Mr. Rove or Mr. Libby had a clear-cut motive to misinform the grand jury. Lawyers for the two men declined to comment on their legal status.
In Mr. Rove's case, the prosecutor appears to have focused on two conversations that Mr. Rove had with reporters. The first, on July 9, 2003, was with Mr. Novak. Mr. Rove told the grand jury that Mr. Novak mentioned Ms. Wilson and that was the first time he had heard Ms. Wilson's name.
Mr. Rove's second conversation took place on July 11, 2003, with Matthew Cooper, a reporter for Time magazine. Earlier this year, Mr. Cooper wrote that Mr. Rove did not name Ms. Wilson but told him that she worked at the C.I.A. and had been responsible for sending her husband to Africa.
In his first sessions with prosecutors, Mr. Rove did not disclose his phone conversation with Mr. Cooper, the lawyers said, though he disclosed from the start his conversation with Mr. Novak. The lawyers added that Mr. Rove did not recall the conversation with Mr. Cooper until the discovery of an e-mail note about the conversation that he had sent to Stephen J. Hadley, then the deputy national security adviser. But Mr. Fitzgerald has been skeptical about the omission, the lawyers said.
In Mr. Libby's case, Mr. Fitzgerald has focused on his statements about how he first learned of Ms. Wilson's identity. Early in the investigation, Mr. Libby turned over notes of a meeting with Mr. Cheney in June 2003 that indicated the vice president had told him about Ms. Wilson, the lawyers said.
But Mr. Libby told the grand jury that he learned of Ms. Wilson from reporters, lawyers involved in the case said. Reporters who are known to have talked to Mr. Libby have said that they did not provide him the name, could not recall what had been said or had discussed unrelated subjects.
