WASHINGTON -- 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.
The U.S. attorney's manual requires prosecutors not to bring witnesses before a grand jury if there is a possibility of future criminal charges unless they are notified in advance that their grand jury testimony can be used against them in a later indictment.
Rove has already made at least three grand jury appearances and his return at this late stage in the investigation is unusual.
The prosecutor did not give Rove similar warnings before his earlier grand jury appearances.
UPDATE: The WaPo talks to New York University law professor, Stephen Gillers, who opines that this is indeed an "ominous sign" for Rove.
"It suggest Fitzgerald has learned new information that is tightening the noose," Gillers said. "It shows Fitzgerald now, perhaps after Miller's testimony, suspects Rove may be in some way implicated in the revelation of Plame's identity or that Fitzgerald is investigating various people for obstruction of justice, false statements or perjury. That is the menu of risk for Rove."
UPDATE #2 - Murray Waas offers his insight:
"White House deputy chief of staff Karl Rove will testify tomorrow morning for a fourth time before the federal grand jury investigating the Valerie Plame matter, according to sources close to the investigation.
Rove will appear voluntarily, but during tomorrow's session, Rove will be pressed about issues as to why his accounts to the FBI and grand jury have changed, or evolved, over time. He will also be questioned regarding contacts with other senior administration officials, such as then-deputy National Security advisor Stephen J. Hadley and I. Lewis Libby, the chief of staff to Vice President Dick Cheney in the critical week before the publication of columnist Robert Novak's column on July 14, 2003, which outed Plame as a covert CIA operative [...]"
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