Joe Conason on why (and it resurrects the journalistic corpse of JimmyJeff, too):
On Oct. 24, 2003, the Washington Post reported that Rove and McClellan, among dozens of others, had submitted to FBI interrogation about the leaks. Two months later, the Post quoted administration officials saying that Rove had been among the very first people to be interviewed by the FBI in pursuit of information about the case.
Back then, Rove might well have assumed that the case would be buried without any undue inconvenience to him. The president had publicly predicted, after all, that the perpetrators of the leak were unlikely to be identified. There was no reason, at the outset, to think that an independent-minded prosecutor would take over from Ashcroft a few months later.
If Rove told the FBI agents the same story that he and McClellan were telling the press, then he might have set himself up for a felony charge of lying to a federal law enforcement official. And if he lied, then he need not have been under oath to have committed a crime.
Another intriguing possibility in the leaks case brings back the baroque personality of right-wing pressroom denizen Jeff Gannon, born James Guckert.
The New York Times reported Friday that in addition to possible charges directly involving the revelation of Valerie Wilson's identity and related perjury or conspiracy charges, Fitzgerald is exploring other possible crimes. Specifically, according to the Times, the special counsel is seeking to determine whether anyone transmitted classified material or information to persons who were not cleared to receive it -- which could be a felony under the 1917 Espionage Act.
One such classified item might be the still-classified State Department document, written by an official of State's Bureau of Intelligence and Research, concerning the CIA's decision to send former ambassador Joseph Wilson to look into allegations that Iraq had tried to purchase uranium from Niger. Someone leaked that INR document -- which inaccurately indicated that Wilson's assignment was the result of lobbying within CIA by his wife, Valerie -- to right-wing media outlets, notably including Gannon's former employers at Talon News. On Oct. 28, 2003, Gannon posted an interview with Joseph Wilson on the Talon Web site, in which he posed the following question: "An internal government memo prepared by U.S. intelligence personnel details a meeting in early 2002 where your wife, a member of the agency for clandestine service working on Iraqi weapons issues, suggested that you could be sent to investigate the reports. Do you dispute that?"
Gannon later hinted, rather coyly, that he had learned about the INR memo from an article in the Wall Street Journal. He also told reporters last February that FBI agents working for Fitzgerald had questioned him about where he got the memo. At the very least, that can be interpreted as confirming today's Times report about the direction of the case.
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