Thursday, March 05, 2009

Rove can claim privilege only when asked about Bush

Hat tip to TPM:

We've obtained a copy of the agreement on Karl Rove and Harriet Miers' testimony about the US Attorney firings, and it appears to answer some of our initial questions.

Are any subjects off limits?

The scope of the interviews will be limited to: (1) facts relating to the evaluation of, decision to dismiss, or decision to replace the former U.S. Attorneys in question; the alleged decisions to retain certain U.S. Attorneys; and any allegations of selective prosecution related thereto; and (2) testimony or representations made by Department of Justice officials to Congress on the U.S. Attorneys matter. For the period beginning on March 9, 2007 (the date of the Committee's first written demand for information from the White House), interviews will not include the content of conversations involving: (i) Mr. Rove and members of the White House Counsel's office; or (ii) Ms. Miers and members of the White House Counsel's office. In the case of Mr. Rove, the interview also will include facts relating to the prosecution of Alabama governor Don Siegelman.

And when can Rove and Miers claim executive privilege?

As to official privileges, counsel will direct witnesses not to respond to questions only when questions relate to communications to or from the President or when questions are outside the scope of questioning set forth above.

And what Rove doesn't realize [which he and his attorney Luskin weren't thinking] is that Conyers doesn't need to ask questions relating to communications to or from Bush because the USA firings and Siegelman case are irrevelant relations to Bush because Bush wasn't directly involved in those two cases. What Rove and Luskin should be fearful of are questions that will be asked on the communications between former AG Gonzo [which was very much involved in the USA firings] and/or Cheney [which could be a possible involvement]. The privileges to Rove excludes the Vice President. One thing to keep in mind is that Conyers is really looking for any perjury on Rove in the USA firings probe and/or Siegelman matter. Jill Simpson was a strong witness in the Siegelman case when she testified to the House committee in 2007.

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