So if Novak sings, does Rove go to jail?
Could be. But there are caveats to that, too. Even if Rove -- or anyone else in the White House -- did reveal Plame's name and undercover status to the media, that act may still not qualify as a technical violation of the law. Victoria Toensing and Bruce W. Sanford, two Washington lawyers who helped draft the Intelligence Identities Protection Act, wrote in the Washington Post in January that the law was meant to protect agents who were truly "covert," meaning that the agent's "status as undercover must be classified, and she must have been assigned to duty outside the United States currently or in the past five years. This requirement does not mean jetting to Berlin or Taipei for a week's work. It means permanent assignment in a foreign country." But because Plame had been "living in Washington for some time when the July 2003 column was published, and was working at a desk job in Langley (a no-no for a person with a need for cover), there is a serious legal question as to whether she qualifies as 'covert,'" Toensing and Sanford wrote.
Even if the prosecutor determines that outing Plame was a crime, he will have to prove that Rove did so knowingly and deliberately. And many on the right argue that Rove's defense on this point -- that he was only mentioning Plame to show that Wilson wasn't recommended for the job by anyone really important, like Cheney -- was corroborated by last year's Senate intelligence committee report on Iraq-war intelligence failures. That report quoted the CIA as saying that Wilson was sent to Niger only because Plame "offered up" his name for the job, which Rove would argue is essentially what he told Cooper about Wilson.
Yet the Senate report doesn't completely support Rove's tale because it still leaves the possibility, as Wilson argued, that Cheney asked the CIA to look into the Niger case, and the CIA then asked Wilson to look into it. In his book, "The Politics of Truth," Wilson described his meeting with the CIA to arrange his Niger trip. "My hosts opened the meeting with a brief explanation of why I had been invited to meet with them," he writes. "A report purporting to be a memorandum of sale of uranium from Niger to Iraq had aroused the interest of Vice President Dick Cheney. His office, I was told, had tasked the CIA to determine if there was any truth to the report. I was being asked now to share with the analysts my knowledge of the uranium business and of the Nigerian personalities in power at the time the alleged contract had been executed, supposedly in 1999 or 2000."
Wilson says that his wife had nothing to do with CIA's decision to send him to Niger. He asserts that the White House had no right to talk about his wife in its discussions with reporters regarding his Niger claims.
Even if Rove didn't knowingly divulge Plame's name, isn't inadvertently disclosing her identity bad enough?
Well, yes. In talking to Cooper, Rove disclosed Plame's occupation to a reporter in the service of a political hit job on a White House critic. At the very least, he was careless with sensitive information, which isn't a quality to be prized in a deputy White House chief of staff. To punish Rove's carelessness, Sen. Frank Lautenberg, the New Jersey Democrat, said in a statement today, "the President should immediately suspend Karl Rove's security clearances and shut him down by shutting him out of classified meetings or discussions."
Or as Harry Reid, the Democratic leader in the Senate, recommended in a statement today, Bush should fire Rove. "I agree with the President when he said he expects the people who work for him to adhere to the highest standards of conduct," Reid said. "The White House promised if anyone was involved in the Valerie Plame affair, they would no longer be in this administration. I trust they will follow through on this pledge. If these allegations are true, this rises above politics and is about our national security."
Reid's right. Looking at Bush's statements on the case, you'd expect that Rove might be in some trouble with his boss. "If there's a leak out of my administration, I want to know who it is," Bush said last year. Bush has never discussed the details of the case, but he's suggested that he believes that leaking an operative's name, perhaps even accidentally, is not something he'd tolerate. "I want to know the truth -- leaks of classified information are bad things," he said last year.
Any chance that Bush would fire Rove?
Who knows what Bush will do. Scott McClellan, Bush's press secretary, has decided not to answer any questions on the case. In a remarkable press briefing on Monday -- remarkable for the tenacity with which reporters kept at McClellan -- the press secretary refused to say whether he believed Rove had committed a crime, whether Bush had lost confidence in Rove, and whether Bush was aware that Rove had spoken to Cooper about Wilson. McClellan, citing the ongoing investigation of the case, repeatedly declined to answer anything. "Well, those overseeing the investigation expressed a preference to us that we not get into commenting on the investigation while it's ongoing. And that was what they requested of the White House. And so I think in order to be helpful to that investigation, we are following their direction," McClellan said.
As Tim Grieve points out in Salon's War Room, this excuse hasn't stopped McClellan from commenting on the case in the past. The press secretary has previously cleared Rove of any involvement in the case: "Let me make it very clear," McClellan said in October 2003, "as I said previously, he was not involved, and that allegation is not true in terms of leaking classified information, nor would he condone it. So let me be very clear."
Today, reporters pointed that out to him. "You're in a bad spot here, Scott," one reporter told McClellan, "because after the investigation began -- after the criminal investigation was under way -- you said, October 10th, 2003, 'I spoke with those individuals, Rove, [deputy national security advisor Elliott] Abrams, and [Dick Cheney's chief of staff I. Lewis] Libby. As I pointed out, those individuals assured me they were not involved in this.' From that podium. That's after the criminal investigation began. Now that Rove has essentially been caught red-handed peddling this information, all of a sudden you have respect for the sanctity of the criminal investigation?"
McClellan responded: "And we want to be helpful so that they can get to the bottom of this, because no one wants to get to the bottom of it more than the President of the United States. I am well aware of what was said previously. I remember well what was said previously. And at some point, I look forward to talking about it. But until the investigation is complete, I'm just not going to do that."
So where does that leave us?
Lawyers observing the case have said that the prosecutor, who's known for being tough, may be looking to charge someone for some lesser crime than leaking an undercover operative's name, namely perjury or obstruction of justice. But because we don't know what Rove has said to the grand jury or to investigators, it's impossible to tell whether he's the subject of these investigations, either.
At this point, then, it's distinctly possible that Rove -- the same Rove who recently called liberals soft in their response to the 9/11 attacks -- may face no punishment at all for outing the identity of a CIA agent.