Late Tuesday evening, RAW STORY received word from two attorneys close to the CIA leak case that Patrick Fitzgerald intended to meet with the grand jury Wednesday morning to present the recently obtained sworn testimony from Robert Luskin, Karl Rove’s attorney, and Time magazine reporter Viveca Novak.
At 10 p.m. EST RAW STORY reported that the grand jury was going to meet. On Wednesday morning, our reporters followed up on Tuesday evening’s information and phoned Randall Samborn, Fitzgerald’s spokesman. He said he could not confirm or deny that the grand jury would meet.
During the course of the day Wednesday, reports indicated that the grand jury did meet. MSNBC reported the grand jury was in fact scheduled to meet but said on Hardball this evening they did not. This afternoon, we linked to Hardball's Wednesday report, which they later revised.
The attorneys who spoke to RAW STORY last night say the Special Prosecutor did "move foward" with the case today.
RAW STORY will be tracking the case this evening and will report the latest updates.
MSNBC's Hardball transcript from Tuesday follows, where they reported that the jury was scheduled to meet. The Wednesday transcript is not yet available.
MATTHEWS: Welcome back to HARDBALL.
The new grand jury in the CIA leak investigation is scheduled to meet tomorrow for just the second time. Will special prosecutor Patrick Fitzgerald make a decision on Karl Rove before the holidays? I`m with attorney Stan Brand and Scott Fredericksen.
Let me go to you, Stan, first of all. The situation right now is tomorrow is Wednesday. It's before the holidays and they're calling a meeting with the special prosecutor, a meeting with the grand jury. What`s it tell you?
STAN BRAND, FMR. HOUSE COUNSEL: It tells me he's bringing somebody before his second grand jury. I mean, remember, this grand jury has an 18- month life. So while we live in terms of holiday schedules and the end of the year, he doesn't. And if we've learned anything about him, he's careful, he's thorough. I don't think he's going to be rushed to make a decision.
MATTHEWS: Scott Fredericksen, thank you for joining us. I hope you offer a different opinion just for excitement purposes here.
SCOTT FREDERICKSEN, FMR. INDEPENDENT COUNSEL: Pleasure to be here.
MATTHEWS: What does the timing of this meeting with the grand jury tell you? And the reason we raised this is because we've been tracking this Karl Rove possibility. And the reason we've been tracking it, is the president`s top political kick is now with an indictment. That's the biggest news of the year in this administration. And we would like to be ahead of it.
FREDERICKSEN: Right. Well, Fitzgerald is rounding third base and coming to home, to steal an analogy. Tomorrow, I think what the grand jury will hear is the testimony of Viveca Novak, read to them by an FBI agent and whatever else from the testimony or interview of Karl (sic) Luskin, Rove's attorney, on the same subject. So I think that's going to be the issue du jour for the grand jury.
MATTHEWS: To what effect?
FREDERICKSEN: He's got to put that in front of the grand jury first before he does anything. And once he gets done with that, and assuming there's any other evidence he puts before them, then it's time to start presenting a case to the grand jury, depending on whether he decides whether or not to indict.
FREDERICKSEN: He absolutely can't end this case. Fitzgerald is a bulldog, he's relentless. But he's also very professional and very careful. That's why he didn't, by all accounts, indict at the end of October. He listened to Luskin and then he went out and he interviewed Viveca Novak and then he came back and said now I want your testimony under oath. And then he did that with Luskin as well from everything.
He's run everything to ground on this. He's being extremely careful. You can't be any more careful than he is. Some of the people he has working with him from the Department of Justice have that same reputation, I guarantee you.
So when he comes down to a final decision, he's going to take the views of all of the staff. He's going to do a prosecution memo. He's going to look at all of the evidence because he has got Rove right now right in the crosshairs. He's got to make a tough decision, and then he's going to decide based on what he believes happened.
Originally published on Wednesday December 14, 2005