Rove to Testify Again in Plame Case

By: Federal prosecutors have accepted an offer from presidential adviser Karl Rove to give 11th-hour testimony in the case of a CIA officer's leaked identity but have warned they cannot guarantee he won't be indicted, according to people directly familiar with the investigation.

The persons, who spoke only on condition of anonymity because of grand jury secrecy, said Special Prosecutor Patrick Fitzgerald has not made any decision yet on whether to file criminal charges against the longtime confidant of President Bush or others.

Meanwhile, according to a Reuters article late Thursday, New York Times reporter Judith Miller, who testified just last Friday after spending 85 days in jail, may be called again. In exchange for Miller's testimony last week, Fitzgerald agreed to limit the scope of questioning to her conversations with Libby. If Miller is called back, a legal source told Reuters, "It would not be about Rove."

Rove has already made at least three grand jury appearances and his return at this late stage in the investigation is unusual.

Before accepting the offer, Fitzgerald sent correspondence to Rove's legal team making clear that there was no guarantee he wouldn't be indicted at a later point as required by the rules.

Rove's attorney, Robert Luskin, said Thursday he would not comment on any ongoing discussion he has had with Fitzgerald's office but that he has been assured no decisions on charges have been made.

He said that Rove "continues to be cooperative voluntarily" with the special counsel investigation and "beyond that, any communication I have or may have in the future are going to be treated as completely confidential."

The New York Times reported late Thursday that Fitzgerald "has held discussions in recent days with lawyers for several Bush administration officials suggesting that that he is considering whether to charge them with a crime over the disclosure of an intelligence operative's identity in a 2003 newspaper column.

"But some of the lawyers said Mr. Fitzgerald indicated that he had not yet made up his mind about whether to accuse anyone with wrongdoing and would use the coming weeks before the grand jury expires on Oct. 28 to decide the issue.

"Mr. Fitzgerald's conversations with lawyers since late last week have left an ominous cloud hanging over the inquiry, sweeping away assurances from a number of officials and their lawyers that Mr. Fitzgerald was unlikely to find criminal wrongdoing.

"In coming days, Mr. Fitzgerald is likely to request that several White House officials return to the grand jury to testify about their actions in the case - appearances that are believed to be decisive as the prosecutor proceeds toward a decision on whether to file charges. Mr. Fitzgerald is also re-examining grand jury testimony by I. Lewis Libby, the vice president's chief of staff, the lawyers said, but it is unknown whether he too has been asked to appear again before the grand jury. "