Prosecutor in CIA case taking new tack, lawyers say

Focus may shift from White House

The prosecutor in the CIA leak case is exploring a range of possible crimes, lawyers in the case say, suggesting that the investigation has moved well beyond its initial focus on whether anyone in the Bush administration illegally disclosed the identity of a CIA operative.

In recent days, the prosecutor, Patrick J. Fitzgerald, has accelerated the pace of his inquiry in an apparent effort to conclude the case before the grand jury's term expires on Oct. 28. He has indicated to several lawyers that he might be preparing to bring charges.

Fitzgerald has asked to meet Tuesday with Judith Miller, a reporter for The New York Times who, after spending 85 days in jail, testified last week to the grand jury about her conversations with I. Lewis Libby, Vice President Dick Cheney's chief of staff.

The meeting is expected to focus on newly discovered notes compiled by Miller that refer to a conversation she had with Libby on June 25, 2003, according to a lawyer who did not want to be named because Fitzgerald has cautioned against discussing the case. Until now, the only conversations known to have occurred between Miller and Libby were on July 8 and 12, 2003.

The notes refer to Joseph C. Wilson IV, a former ambassador to Gabon. An Op-Ed article that he wrote for The Times, on July 6, 2003, which was critical of the administration's Iraq policy, started the events that led to the disclosure of the identity of his wife, Valerie Wilson, a CIA operative, and subsequently to Fitzgerald's inquiry.

Fitzgerald has asked Karl Rove, the senior White House adviser, to appear before the grand jury next week for what would be his fourth round of testimony. Rove's lawyer, Robert D. Luskin, said the appearance is in response to his offer to make Rove available to the prosecutor.

Luskin said Rove had not been subpoenaed and had not received a letter indicating that he was a target of the investigation and might be charged with a crime. The lawyer said his appearance was voluntary.

As he approaches the end of his 22-month inquiry, Fitzgerald appears to be exploring novel approaches to possible charges in the case.

One legal theory the prosecutor has pursued, the lawyers said, is whether anyone violated a broadly worded federal statute that makes it a crime to "communicate" classified defense information to someone not authorized to receive it.

Under the law, any government official or private citizen who transferred classified information could potentially be charged with a felony.