Is Rove Through With Libby Trial?

Presidential Adviser Won't Be Charged, But Could Be Grilled In Court

(CBS/AP)  Sen. Charles Schumer, D-N.Y., one of the first senators to call for an independent investigation of the leak, said, "We have faith that Prosecutor Fitzgerald will continue to pursue this case and turn over every other stone and follow every lead, no matter how high they take him."

Other Democratic lawmakers called Tuesday for a separate congressional inquiry into Rove's role in disclosing Plame's name to reporters and the question of whether Rove or others at the White House sought to discredit Wilson.

"Congress has a constitutional obligation to provide a check and balance on the executive branch," said Rep. Henry Waxman, D-Calif. "Providing a public accounting of the actions of Mr. Rove is an important part of fulfilling this obligation."

Early in his investigation, Fitzgerald abandoned the idea of indicting anyone on a charge directly related to actually leaking Plame's identity, which was classified at the time.

Instead, his investigation focused on the possibility of a cover-up and lies by administration officials about how and when they learned about Plame and whom they told. So far, only Libby has been indicted. Fitzgerald's spokesman, Randall Samborn, refused on Tuesday to comment on whether the investigation was continuing.

Until last summer, the White House had denied that Rove or Libby had anything to do with leaking Plame's identity. Those claims were countered by grand jury testimony from Time magazine reporter Matthew Cooper who said both Rove and Libby had told him about Plame.

Rove testified before the grand jury an extraordinary five times, insisting initially that he had talked only to Novak. Rove later admitted talking to Cooper.

Robert Luskin, Rove's attorney, said it was too soon to know whether Rove would take the stand at Libby's trial, which is scheduled to begin in January.

In court filings, Libby's lawyers have predicted Rove will be "a key witness at trial," an assertion Fitzgerald has dismissed as a ploy "to put the conduct of others on trial."

At this stage, Luskin said, both Fitzgerald and Libby's lawyers are feeling each other out.

Fitzgerald is trying to keep the case simple and limited to the question of whether Libby lied, while Libby's lawyers are trying to broaden it so they can get access to as much of the prosecutor's evidence as possible before trial, Luskin said.

"This is just positioning," he said.