* jeralyn:I don't think either Fitzgerald or the grand jury will buy a forgetfulness defense in the end. Karl Rove's best hope seems to be that this is the only charge Fitzgerald brings against him. If Fitz also charges Rove with perjury before the grand jury or obstruction of justice, he's in much more trouble.
The false statements offense carries a maximum five year penalty and each false statement can support a separate charge. Under the sentencing guidelines, however, if these are the only charges against Rove, with a reduction for cooperation against others in the investigation, he could work himself down to a non-prison sentence. But again, that would be up to Fitzgerald."
Regardless of whether Rove led them to the e-mails, I'd bet he was grilled about some of them Wednesday at the grand jury. The e-mails are critical for all the players, because they could result in an obstruction of justice charge as well as perjury and false statements. And they could bring in new players.
If Fitz is taking at least ten days to decide, I believe it is because he is checking out info related to obstruction of justice and the e-mails. He's heard umpteen times from Rove about Cooper, Hadley and Bob Novak. Viveca is a smokescreen I think. It's what Luskin wants us to focus on."
i agree with jeralyn - luskin is blowing smoke. it's all about the emails. i suspect/hope that the GJ appearance this week wasnt about Rove very much at all - but getting him under oath frying other fish from the ovp as part of his deal.
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