WASHINGTON - Presidential aide Karl Rove's upcoming fourth appearance before a federal grand jury investigating the leak of a CIA officer's identity is a risky legal move because it opens him up to making statements that are inconsistent with what he previously has said, legal experts say.
Rove offered in July to return to the grand jury and Special Counsel Patrick Fitzgerald accepted last Friday, lawyers familiar with the investigation said Thursday, speaking only on condition of anonymity.
"In a normal criminal investigation, most defense lawyers are extremely cautious about their clients testifying even once before a grand jury and are generally loathe to let them testify more than once," said former federal prosecutor E. Lawrence Barcella Jr. "This is a classic example of what happens when there's a large political overlay to a criminal investigation."
At the same time, it may be risky for Rove not to testify, since Fitzgerald warned Rove that prosecutors can no longer guarantee he won't be indicted. The warning came in a letter accepting Rove's offer to testify one more time.
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