As his investigaiton into the unmasking of CIA operative Valerie Plame concludes, Special Prosecutor Patrick Fitzgerald is apparently mulling charges of a criminal conspiracy perpetrated by senior Bush Administration officials, most likely including I. Lewis "Scooter" Libby and Karl Rove.

The Washington Post, in a story in today's issue, said Fitzgerald may take this tact because he lacks evidence to prove a violation of the Intelligence Identities Protection Act, which he first set out to investigate. To prove a violation of the act, Fitzgerald would have to show that government officials knew an operative had covert status and intentionally leaked the operative's identity.

According to lawyers who spoke to the Post on the condition of anonymity, Fitzgerald is apparently considering the alternative, which may be easier to prove.

Under this legal tactic, Fitzgerald would attempt to establish that at least two or more officials (conceivably, Libby and Rove) agreed to take affirmative steps to discredit and retaliate against Plame's husband, former ambassador Joseph C. Wilson IV, and leak sensitive government information about his wife. To prove a criminal conspiracy, the actions need not have been criminal, but conspirators must have had a criminal purpose.

While conspiracy cases are viewed by criminal prosecutors as simpler to bring than more straightforward criminal charges, they are also trickier to sell to juries. "That would arguably be a close call for a prosecutor, but it could be tried," a veteran Washington criminal attorney with longtime experience in national security cases told the Post.

The grand jury is scheduled to expire Oct. 28, and lawyers in the case told the <em>Post</em> that Fitzgerald could signal his intentions as early as this week.

Fitzgerald is investigating whether anyone illegally disclosed Plame's name or undercover CIA job in retaliation against Wilson. In a 2003 op-ed piece in the New York Times, Wilson accused the White House of using "twisted" intelligence to justify the invasion of Iraq.

The right is taking a hit, no doubt about it. The left is doing anything possible to hurt people. But, if they committed a crime, they shouldn't be above the law either.. Now, let's go back after Kennedy and prosecute him for Mary Jo Kopekne (sp)

So, who's in the crapper now?
Karl Rove
Tom Delay
Bill Frist
Scooter Libby

They want Bush REAL bad! But, they aren't going to get him.. If dems win any house back next session, the repubs aren't going to budge an inch. I guarantee it. I also guaraantee they're gonna sling mud just like the left is now.. It's gonna be real ugly!

So why didnt that one sandy burger(i think) dude who stole classified documents not get arrested?

So he is planning on charging conspiracy for a crime that does not exist and he cannot prove.

Incredible.

Quoted: So why didnt that one sandy burger(i think) dude who stole classified documents not get arrested?

I think he struck a plea bargain or something.  As far as Rove and Libby go, they didn't break any law, it is a media favorite because it discredits the republicans.

I bet we will have a massive victory in the '06 midterms. 90% of the population is conservative and just doesn't realize it. They have been fooled by the left-wing pretending to be centrists, but now the cat is out of the bag!

Dont make me laugh!

Do you think a NY Times reporter would do time to save Karl Rove's ass?  She's doing time to protect someone else or herself.  They hate Bush and everyone who workds for him.

Nah,  VP  Cheney's Chief of Staff has signed up to take the rap.

He''ll be a VP at Haliburton in 16 mos.  

Rick    (wish I were wrong)

Quoted: Dont make me laugh! Do you think a NY Times reporter would do time to save Karl Rove's ass?  She's doing time to protect someone else or herself.  They hate Bush and everyone who workds for him.

"Logic" would point to a lefty source for a lefty reporter.   And unlikely that she would have a conservative source, though stranger things have happened.  Could Judith Miller's source have been Plame?

Quoted: Quoted: Dont make me laugh! Do you think a NY Times reporter would do time to save Karl Rove's ass?  She's doing time to protect someone else or herself.  They hate Bush and everyone who workds for him. "Logic" would point to a lefty source for a lefty reporter.   And unlikely that she would have a conservative source, though stranger things have happened.  Could Judith Miller's source have been Plame?

That would be far more likely than it being Karl Rove, He just isn't that stupid. And it's just ridiculous to accept a reporter, a reporter for the NY Times, the uberliberal paper, would go to jail in order to protect a key Bush administration principal.

How do we know J. Miller is telling the truth about her source?  Did the source admit it as well?

Quoted: So why didnt that one sandy burger(i think) dude who stole classified documents not get arrested?

I believe he got a $50,000 fine and some probation.