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http://www.nytimes.com/2004/01/01/politics/01LEAK.html?ex=1073538000&en=2fa06042df5d93d9&ei=5062&partner=GOOGLE
Large File of Evidence Is Available in C.I.A. Leak Case
By DAVID JOHNSTON

Published: January 1, 2004

WASHINGTON, Dec. 31 - The special prosecutor appointed to lead the inquiry
into who divulged the name of an undercover C.I.A. officer will be given
access to a substantial investigative file compiled over the last three
months. The file contains more than 30 interviews of Bush administration
officials and a body of White House documents that investigators said could
help crack the case.
The prosecutor, Patrick J. Fitzgerald, the United States attorney in Chicago
who was named on Tuesday to take over the case, will be armed with a full
range of prosecutorial powers, including the authority to convene a grand
jury to obtain sworn testimony from officials suspected of having knowledge
of the matter.
With the interviews, documents and grand jury tools, law enforcement
officials said on Wednesday that they are increasingly optimistic that Mr.
Fitzgerald stands a strong chance of getting to the bottom of whether anyone
in the administration improperly identified a C.I.A. officer to a newspaper
columnist.
But despite the resurgent mood surrounding the case, investigators are said
to doubt, at least for the moment, that anyone is likely to be prosecuted
for disclosure of the identity of the officer even though the unauthorized
disclosure of an undercover operative is a federal crime. That is because a
prosecutor must show that a defendant knew that it was unlawful to disclose
the name.
White House officials have denied that senior aides to President Bush
disclosed the identity of the C.I.A. officer, Valerie Plame, to Robert
Novak, who wrote in his syndicated column last July that Ms. Plame, the wife
of former Ambassador Joseph C. Wilson IV, was a C.I.A. employee. Mr. Wilson
was a critic of the administration's Iraq policies.
Specifically, the White House has denied that Karl Rove, the president's
chief political adviser, had any role in leaking the information to Mr.
Novak. Mr. Rove is among the officials interviewed by F.B.I. agents, but so
far none of them have been questioned under oath, officials said.
Investigators instructed the White House, the C.I.A., the Defense Department
and the State Department not to destroy any records that could be considered
relevant to the inquiry. But the White House is the only agency at which
investigators are known to have demanded that officials actually turn over
records.
The White House has turned over a number of documents, officials said,
including notes of White House meetings, calendars, phone records and
datebooks that officials have said provided telling clues about who within
the administration may have had access to Ms. Plame's identity.
While some details of the evidence in the case are known, the overall status
of the investigation has been difficult to gauge independently. It is not
known, for example, whether the inquiry has focused on any single suspect.
The Justice Department and the F.B.I. have dropped an unusually heavy veil
of secrecy over the leak investigation, at Attorney General John Ashcroft's
insistence. Lawyers and agents have been required to sign nondisclosure
agreements, and Robert S. Mueller III, the F.B.I. director, assigned the
case to an F.B.I. headquarters unit under close supervision of senior bureau
officials.
Justice Department officials cautioned against reading too much into the
appointment of Mr. Fitzgerald. One department official said that the
appointment did not indicate that the inquiry had compiled a critical mass
of evidence that had forced Mr. Ashcroft's decision to step aside as the
senior official in charge. Mr. Ashcroft's aides have said that the attorney
general has been prepared all along to recuse himself to avoid even the
appearance of a political conflict of interest.
Even so, attorneys general rarely voluntarily cede authority over big cases.
And Mr. Ashcroft has maintained tight control during three months of
increasingly harsh criticism from Democrats in the Senate who complained
that he could not credibly lead an investigation that focused on the White
House and on old friends like Mr. Rove, a former adviser to Mr. Ashcroft.
Associates of Mr. Fitzgerald said it seemed unlikely that he would have
accepted the appointment if the investigation was likely to wind up as a
dead-end case. Mr. Fitzgerald is highly respected among career prosecutors
and longtime F.B.I. agents as one of the toughest legal adversaries in the
Justice Department. One associate said, "I'm sure the word is going out that
the bulldog has arrived in town."


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www.ctrl.org
DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance—not soap-boxing—please!   These are
sordid matters and 'conspiracy theory'—with its many half-truths, mis-
directions and outright frauds—is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.

Let us please be civil and as always, Caveat Lector.
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