Karl Rove is getting more creative -- and less convincing -- with his non-denial denials about the politicization of prosecutions over at the Justice Department.
Asked directly by ABC's George Stephanopolus on Sunday whether he spoke at all with the DOJ officials about the prosecution of former Alabama Governor Don Siegelman for corruption, Rove stammered and repeated the phrase: "I found out about Don Siegelman's indictment by reading about it in the newspaper."
The question's been nagging Rove for a year now, and will probably continue to since the House issued a subpoena last week ordering him to testify on Capitol Hill. House Judiciary Committee Chair John Conyers (D-MI) rejected Rove's proposal to submit a written statement to the committee. The White House asserts that executive privilege bars Rove from having to testify.
The question from Stephanopolus was more direct than he's faced in the past. But Rove has issued vague, strangely worded, lawyerly specific answers to essentially the same question before.
About one year ago, when he was first accused of pushing for Siegelman's prosecution, he could only refute the specific detail of an individual conversation he allegedly had with Alabama officials.
"I know nothing about any phone call," Rove told reporters in Alabama in June 2007, before a White House press aide intervened and said, "What he meant to say was that he has no comment."
PERMALINK | COMMENTS (10) | RECOMMEND RECOMMEND (4)At the same time that the House Judiciary Committee voted to issue a subpoena to former presidential adviser Karl Rove today, it released a May 5 letter from the Justice Department's Office of Professional Responsibility to committee Chairman John Conyers (D-MI) disclosing that the OPR is investigating "allegations of selective prosecution relating to the prosecutions of Don Siegelman, Georgia Thompson, and Oliver Diaz and Paul Minor."
Most reader are already familiar with the Siegelman case. Georgia Thompson, you'll recall, was the Wisconsin state employee whose federal corruption conviction, obtained by Milwaukee-based U.S. Attorney Steven Biskupic, was considered so flawed that it was thrown out by the appeals court immediately after oral arguments.
Diaz and Minor may be less familiar to TPMmuckraker readers. Diaz is a former Mississippi State Supreme Court justice, and Minor is a Mississippi attorney. Their prosecutions by U.S. Attorney Dunn Lampton have been under scrutiny by the House Judiciary Committee as well:
Diaz and his ex-wife, Jennifer, were indicted in 2003 along with prominent Gulf Coast attorney Paul Minor and two former lower court judges on federal bribery allegations. Oliver Diaz was eventually cleared of all charges. The others were not.
Separately OPR is conducting a joint investigation of the U.S. attorney firings with the DOJ inspector general.
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House Judiciary Committee Subpoenas RoveSo much for all those negotiations:
The subpoena issued Thursday orders Rove to testify before the House panel on July 10. He is expected to face questions about the White House's role in firing nine U.S. attorneys in 2006 and the prosecution of former Gov. Don Siegelman of Alabama, a Democrat.House Judiciary Chairman John Conyers had negotiated with Rove's attorneys for more than a year over whether the former top political adviser to President Bush would testify voluntarily.
Will Chairman John Conyers (D-MI) do some ass-kicking (his words) now?
Late Update: Rep. Conyers released a statement following the vote to issue the subpoena:
"It is unfortunate that Mr. Rove has failed to cooperate with our requests," Conyers said. "Although he does not seem the least bit hesitant to discuss these very issues weekly on cable television and in the print news media, Mr. Rove and his attorney have apparently concluded that a public hearing room would not be appropriate. Unfortunately, I have no choice today but to compel his testimony on these very important matters."
Later Update: Conyers released the latest correspondence between Rove's attorney, Robert Luskin, and the committee, part of a lengthy back-and-forth between the parties. Apparently the subpoena was issued today after Luskin told the committee in a letter yesterday that Rove would not voluntarily testify, essentially ending the negotiations.
Still Later Update: Here's is the cover letter that Cnyers sent Luskin along with the subpoena.
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Conyers on Rove: "Someone's Got to Kick His Ass"House Judiciary Committee Chair John Conyers (D-MI) forgot to keep his voice down when there are reporters present:
Just off the House floor today, the Crypt overheard House Judiciary Committee Chairman John Conyers tell two other people: "We're closing in on Rove. Someone's got to kick his ass."Asked a few minutes later for a more official explanation, Conyers told us that Rove has a week to appear before his committee. If he doesn't, said Conyers, "We'll do what any self-respecting committee would do. We'd hold him in contempt. Either that or go and have him arrested."
The chairman seems to have been having fire for breakfast lately, pursuing the testimony -- with the threat of a subpoena -- of a number of former administration figures, including Dick Cheney's consigliere David Addington. And of course he's also been pursuing Rove to testify about the prosecution of ex-Gov. Don Siegelman (D-AL). Yesterday, in somewhat more diplomatic language, Conyers refused Rove's offer to testify in writing.
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Conyers to Rove: NoHouse Judiciary Committee Chair John Conyers' (D-MI) response to Karl Rove's offer to testify by letter: Nope.
The committee wants Rove to testify about his role in the prosecution of ex-Gov. Don Siegelman (D-AL), but Rove has refused to appear for a hearing, instead offering to speak privately with staff off the record. He modified that offer to testify by letter.
But Conyers says that's a no-go. If Rove is willing to create a record with a letter, he argues, then there's no reason why he shouldn't be willing to sit down with staff for an on-the-record interview. Conyers says the committee is prepared to offer "other possible accommodations, such as providing a list of initial questions that may be asked," but there must be a live interview and a transcript. Conyers again mentions the possibility of a subpoena should talks break down.
So now the ball is in Rove's court.
Rove to Congress: Let's Be Pen PalsThe House Judiciary Committee wants Karl Rove to testify about what he knows about the prosecution of ex-Gov. Don Siegelman (D-AL). Rove doesn't want to testify. Conyers has threatened to seek a subpoena, and in response, Rove's lawyer made an offer for a compromise yesterday.
It was somewhat of an improvement on Rove's preliminary offer, which was a private interview with no transcript or oath and with strictly defined parameters. The new offer is that he will testify in writing. So it would create a record of his answers, thus creating a clear basis for prosecution if he were to lie. On the other hand, it's hardly the ideal forum for questioning.
Chairman John Conyers (D-MI) has yet to indicate what he thinks of the offer. We'll let you know when he does.
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FBI Raids Home, Office of Office of Special CounselFrom The Wall Street Journal:
Federal Bureau of Investigation agents raided the Office of Special Counsel here, seizing computers and documents belonging to the agency chief Scott Bloch and staff.More than a dozen FBI agents served grand jury subpoenas shortly after 10 a.m., shutting down the agency's computer network and searching its offices, as well as Mr. Bloch's home. Employees said the searches appeared focused on alleged obstruction of justice by Mr. Bloch during the course of an 2006 inquiry into his conduct in office.
The independent agency, created by Congress in the wake of the Watergate scandal, is charged with protecting federal employees and deciding whether their complaints merit full-scale investigation -- a first line of defense against fraud and mismanagement in government. It also enforces a ban on U.S. employees engaging in partisan political activity.
The Wall Street Journal reported last year that Mr. Bloch had used "Geeks on Call," an outside computer-service firm, to erase his computer and those of two former staff members in December 2006....
The computer erasures became part of that investigation and are one of the reasons behind today's raid, employees said.
To refresh your memory, Bloch's agency is a little known one that is charged with investigating whistleblower complaints, Hatch Act violations, and the like -- but who is himself being investigated for retaliating against whistleblowers and politicizing his office. The Office of Personnel Management's inspector general has been conducting that investigation since 2005. The feds are apparently investigating whether Bloch tried to obstruct that investigation by deleting his hard drive, among other things.
To give you an idea how fraught this investigation is with unique issues, Bloch is not only busily investigating the White House for political briefings Karl Rove and his aides made to various agencies, but he's also conducting an investigation of the politicization at the Department of Justice and issues related to the U.S. Attorney firings -- a probe that he complained was being blocked by the DoJ. Of course, he can't do much to block the DoJ investigation of him.
Update: NPR, also reporting on the raid, reports that the entire's office email system was shut down this morning.
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Conyers Threatens Rove with Subpoena for Testimony on SiegelmanIt's deja vu all over again.
House Judiciary Committee Chair John Conyers (D-MI) says that if Karl Rove won't agree to testify before his committee about his involvement in the prosecution of former Alabama Gov. Don Siegelman (D), then he'll be forced to consider issuing a subpoena. You can read his letter to Rove's lawyer Robert Luskin below.
In response to Conyers' initial request for Rove to testify, Luskin offered to have Rove speak to the committee behind closed doors, without a transcript and not under oath -- the same offer administration lawyers made to Congress in the U.S. attorney firings investigation. And you know where that went: the House is currently suing to enforce those subpoenas after finding former White House counsel Harriet Miers and chief of staff Josh Bolten in contempt of Congress.
Rove was subpoenaed by the Senate Judiciary Committee as part of that investigation and refused to show up to testify. That committee subsequently voted to find him in contempt, but the full Senate never voted on the citation.
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