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From yesterday's National Review Online:

Luskin also addressed the question of whether Rove is a "subject" of the investigation. Luskin says Fitzgerald has told Rove he is not a "target" of the investigation, but, according to Luskin, Fitzgerald has also made it clear that virtually anyone whose conduct falls within the scope of the investigation, including Rove, is considered a "subject" of the probe. "'Target' is something we all understand, a very alarming term," Luskin says. On the other hand, Fitzgerald "has indicated to us that he takes a very broad view of what a subject is."

The U.S. Attorney's Manual defines a "target" and a "subject" of an investigation. A "subject" may become a "target" or witness or nothing further:

9-11.151 Advice of "Rights" of Grand Jury Witnesses

It is the policy of the Department of Justice to advise a grand jury witness of his or her rights if such witness is a "target" or "subject" of a grand jury investigation. See the Criminal Resource Manual at 160 for a sample target letter.

A "target" is a person as to whom the prosecutor or the grand jury has substantial evidence linking him or her to the commission of a crime and who, in the judgment of the prosecutor, is a putative defendant. An officer or employee of an organization which is a target is not automatically considered a target even if such officer's or employee's conduct contributed to the commission of the crime by the target organization. The same lack of automatic target status holds true for organizations which employ, or employed, an officer or employee who is a target.

A "subject" of an investigation is a person whose conduct is within the scope of the grand jury's investigation.

07.13.05