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UPDATE: WAPO: Viveca/Luskin talk before Rove's 1st testmony in early 2004

Sat Dec 03, 2005 at 11:30:25 AM PDT

New WAPO that states that the Viveca/Luskin conversation occured in early 2004.

This article goes on to say that Rove's first Grand Jury testimony was after the Viveca/Luskin conversation and Rove did not disclose the fact that he spoke with Cooper during that testimony.

One person familiar with the case said the Novak-Luskin conversation is not what prompted Rove to change his testimony in the case. In fact, this person said, Novak told Luskin about the Rove-Cooper connection before Rove's first appearance before the grand jury in February 2004. In that appearance, Rove testified that he did not recall talking to Cooper about Plame.
WAPO 12/03/05

More..

There is also a detailed explaination reagrding the search for the Hadley/Rove email. Luskin goes on and on here, but never reveals the date that the email was turned over.

New details emerged yesterday of Rove's version of how and when he came to remember the Cooper conversation. Shortly before his client's second appearance before the grand jury in October, Luskin personally conducted a review of thousands of e-mails Rove had sent during the crucial weeks in 2003, including those from accounts reserved for personal and political correspondence, a source familiar with the situation said.

Amid the e-mails, Luskin found one sent from Rove to Stephen J. Hadley, then deputy national security adviser, in which Rove mentioned his conversation with Cooper. The e-mail was written from Rove's government account, which investigators searched early in the inquiry. It is unclear why the e-mail was not discovered at that time.

Once found by Luskin, the e-mail was shared with Rove and then quickly turned over to Fitzgerald, the source said. Rove then testified that the e-mail "established that he had in fact had a conversation with Cooper," the source said.



UPDATE:
Some analysis:

I think the new information on the timing of the Viveca/Luskin conversation is coming from Viveca Novak's side.

It seems to me that this new information about the timing of the Viveca/Luskin conversation is damaging to Rove and to Luskin. If Luskin knew from Viveca that Rove had told Cooper about Plame in January or February 2004 and still let Rove testify that "he did not recall talking to Cooper about Plame" in February 2004, then Rove has a big problem.

The timing of the Viveca/Luskin conversation had been previously reported to be in May 2004, then late summer or early fall 2004. I think it's possible that Viveca put this out there to screw Luskin for leaking all kinds of disinformation.

I want to add:

Here is why I think this WAPo story from VandeHei is damaging for Rove.

First:
The article closes in on the date of the Viveca Novak/Luskin conversation. Since the article states that the conversation occured before Rove's 1st Grand Jury testimony in Feb 2004, the conversation must have occured in Jan or Feb 2004.

Second:
The article states that "In that appearance, Rove testified that he did not recall talking to Cooper about Plame."

This is important for 2 reasons, it implies that Rove was asked about talking to Cooper in his 1st GJ appearance and second we know that Rove's lawyer already knew about Cooper.

Third:
The email comes up again. The article says that

The e-mail was written from Rove's government account, which investigators searched early in the inquiry. It is unclear why the e-mail was not discovered at that time.


Maybe it was discovered by investigators early in the investigation, maybe not.

I have thought it possible that Investigators might haver known about Rove's conversation with Cooper. Waas had this:

decision in late 2003 to appoint a special prosecutor to investigate the leak of the identity of undercover CIA officer Valerie Plame in large part because investigators had begun to specifically question the veracity of accounts provided to them by White House deputy chief of staff Karl Rove,


The same sources said Ashcroft was also told that investigators firmly believed that Rove had withheld important information from them during that FBI interview.


UPDATED:

Via Jane Hamsher at Firedoglake, David Corn has a detailed explaination of the Viveca Novack/Luskin conversation.

Now, according to completely trustworthy sources close to Viveca Novak, this is what happened. Novak wasn't trying to tip off Luskin or to help him. During a conversation, Luskin said to Viveca Novak that Rove had never spoken to Cooper about Valerie Wilson. Novak instinctively pushed back, in the way many a reporter would challenge a source whom he or she believes is spinning or lying. "She assumed that Luskin was giving her BS," one close-to-Novak source says. "And she replied with something along the lines of, 'This is not what I hear.' She assumed that Luskin did know about the Rove-Cooper conversation and that she was not telling him anything he did not already know."

Tags: Valerie Plame, Viveca Novak (all tags) :: Previous Tag Versions

Permalink | 131 comments

  •  All very confusing... (4.00 / 4)

    If this is so, then Novak's conversation with Luskin can not be seen as helping Rove at all... in fact, if I read this correctly, IT HURTS HIS CASE!

    Now, if this is true then why did Luskin present this as helpful evidence.  Is the story now changing since Novak and Luskin themselves have to testify before Fitzgerald?  I wonder if Luskin and/or Novak are under the legal gun too...

    •  You've got to wonder (4.00 / 5)

      about Luskin now.

      This story must be coming from Viveca'side.

      •  Hmmm (4.00 / 4)

        You think Luskin served up this conversation as a distraction for Fitzgerald and now that Novak has been hauled in to testify that she is turning on her 'friend' Luskin?  I'd be pretty pissed if I were Novak.  She comes off looking horrible in this situation and made her employer and colleague look horrible too.  Somehow she got hold of supposedly closely held information and then went gossiping about a supposedly 'anonymous source'.

        Another possibility...?  Perhaps Rove is setting himself up for an inadequate counsel defense.  Luskin looks horrible in this situation too, because he was notified by Novak that Rove had talked to Cooper, but let Rove perjure himself anyway.

        •  Maybe an insanity defence (4.00 / 2)

          Where the claim is that his lawyer is insane.

          I think this is Viveca's redemption. This information about the timing of her conversation with Luskin must be coming from her.

          The timing of the Viveca/Luskin conversation had been previously reported to be in May 2004, then late summer or early fall 2004. I think Viveca put this out there to screw Luskin for leaking all kinds of disinformation.

        •  incompetent council doesn't work that way (none / 0)

          a person filing an "Incompetent Council" appeal has to prove more than just the incompetence of his council. The defendent has to prove that the trial would have had a different outcome if the council had acted properly

          Rove doesn't have a prayer of proving that

          if you are convicted of obstructing justice, I don't think the court really wants to hear your opinion of what could have been different

          •  Then perhaps (none / 0)

            The Rove indictment was always inevitable and Luskin/Rove just threw this Novak tidbit out at the last minute for a bit of distraction, knowing full well that it wouldn't help them in the long run.  Perhaps they even knew it would hurt them if Novak testified about the timing of the conversation, but decided to do it anyway in order to have just one indictment handed down that fateful day instead of two.  

            However, I think this actually hurts even more.  Because when Fitzgerald does indict Rove it is just going to bring up the media fascination with this story to a whole new level.  This is death by a thousand knives and it is painstakingly slow and horrible.  Of course, when Rove is also indicted for Obstruction and Perjury but not the underlying crime we're going to be treated to another round of 'Fitz couldn't nail 'em on the real crime so he's manufacturing this' bullshit.  But it really doesn't matter.  When Rove's indictment is handed down the SHIT is going to hit the fan all over Washington.  Especially if Abramoff decides to deal in January.

            •  I think Fitz will go farther (none / 0)

              there are provisions of Federal Law the deal with falsifing evidence, corrupting witnesses, and suborning perjury

              I think Fitzgerald is gonna send a message with Rove's indictment

              that the Hadley email wasn't found by the FBI search raises EXTREME warning signs

              if that email is a forgery, Rove, Luskin and hadley are in a whole new catagory here

              the "I don't remember" defense falls apart in the face of forged evidence (If you didn't remember, why did you forge this document ???)

              •  Or the email *had* been found (4.00 / 4)

                But they didn't let Rove know they had it, in hopes of tripping him up in his testimony. This is one of those "little cogs" that we won't really know completely about until it's put into a filing/released to the public.

                As has been said before, Fitz knows much more than any of the players think he knows. He's very methodical and deliberate in his investigation, and the timing of these calls points to his measured steps forward in the investigation.

                If I was involved in the Plame Leak/Cover-up, I would be very, very nervous.

                Senator McCain, we don't have to twist everything that comes out of a Republican's mouth - you guys come pre-twisted.

                by PatsBard on Sat Dec 03, 2005 at 03:14:42 PM PDT

                [ Parent ]

                •  The Discrepancy... (4.00 / 2)

                  And what is the expanation for the discrepancy between Cooper's testimony and the Rove/Hadley email then?

                  Perhaps as seesdifferent says in Mike Laut's Rove's e-mail to Hadley:

                  seems as if he [Rove] was lying to Hadley

                  that is very interesting...

                  •  Billmon (4.00 / 3)

                    had an interesting comment on TalkLeft on the subject of the Hadley/Rove email.

                    This is only part of the comment from Billmon, it's worth reading the rest.

                    The memo [email] itself is an interesting artifact. When I first read about it, I interpreted it as Rove's attempt to establish an alibi -- i.e. "Cooper tried to get me to talk about Wilson's wife, but I didn't go for it, nosirree." But in hindsight, it looks more to me like Rove was trying to con Hadley into believing that he (Rove) was not poaching on his turf. My guess is that there was an agreement in place that the NSC would respond to questions about Niger, which Rove and Libby of course were violating with their trash Joe Wilson campaign.
                •  I think (4.00 / 3)

                  you may be right. I have long thought that investigators knew early on that Rove was lying right from the start. It may well be that they did have the email back in 2003.

                  What they thought he was lying about, I'm not sure but Waas is pretty clear in the article I quoted in the main diary. The quote refers to Ashcroft who recused himself back in 12/03.

                  The same sources said Ashcroft was also told that investigators firmly believed that Rove had withheld important information from them during that FBI interview
              •  I don't think it's a forged e-mail (4.00 / 2)

                because the "I didn't take the bait" line is so curious... What is bait? Bait for what? It's such a strange word.

                I think it was a cover e-mail invented by Rove on the spot, sent to another member of the conspiracy (Hadley), who knew how journalists were being used as an alibi/cover. With hindsight, the "bait" line didn't look good and the e-mail didn't cover Rove's tracks so well, so it was easier to simply "lose" it for the purpose of the initial FBI/discovery searches. After all, Cooper published about Wilson after Novak's column had come out. Why would anyone even ask about Cooper?

                Nearly a year later, when the e-mail was finally turned over by Luskin, Cooper was in contempt and on a Supreme Court First Amendment track. So Rove invented a whole welfare reform conversation, based on an earlier White House interview request by Cooper to discuss the subject. Susan Ralston was part of that scam, probably altering logs and so forth... they were banking on the hope that Cooper would never be compelled to testify.

                The irony is, my gut instinct tells me Cooper wasn't supposed to be part of the leak. It was already plotted and executed by the time Cooper called. Rove just got greedy... He seized an opportunity to affect a Time story, figuring (correctly) that Cooper couldn't publish before Novak wrote his column. "Don't get too far out on Wilson." Indeed.

                •  Probably right except for 3 things (4.00 / 2)

                  1. Rove's checkered history regarding documents of questionable provenance.

                  2. The document's miraculous discovery only after Cooper's damaging testimony, which revealed the WH to be lying sacks of shit.

                  3. Luskin's wacky story about "personally" searching through "thousands" of emails. That would entail typing in the word "Cooper" into the search field and tapping his fingers for five seconds until the magic email popped up in the "results" window. Gimme a break on that one.

                  I'm almost thinking that Luskin's left wing orientation is causing him to sabotage his own client. He could hardly be doing a worse job of protecting Karl were he actually trying to do him in.
                  •  I think you may have (4.00 / 2)

                    the sequence of events wrong on the second item.

                    The document (I assume you are referring to the Hadley/Rove email) was reportedly turned over almost a year before Cooper testified in July 2005.

                    Cooper wasn't specifically mentioned in the early document request, but he was named in the Jan 2004 request. Niger which is mentioned in the Hadley/Rove email is in the 9/30/03 document request.

                  •  I realize Rove has a history of forging (4.00 / 2)

                    and there's no question that the Luskin story of personally searching "thousands" of e-mails is bullshit... And the story of bad search parameters? Also bullshit...

                    But those are cover stories for why the e-mail wasn't found the first time around. The question of whether the e-mail is real or not is a different one. After initially wondering about its authenticity, I came to the conclusion it was real...and highly problematic. If Rove were forging something, he could have come up with something better than this.

                    I do believe Matt Cooper was a late (and possibly even accidental) addition to the leak circle, and that Rove was trying to cover with it to Hadley, who was part of the conspiracy. So why didn't it show up on Hadley's own document search? Another good question. (Be sure to read Firedoglake and the various links on this.)

                •  This may be the best (4.00 / 2)

                  explaination I've heard.

                  The only thing I think you're missing is the probability that Rove thought Tenet was going to out Plame in some way in his statement and that FBI investigators may well have had the Hadley/Rove email in October 2003.

          •  And it would have to be ineffective at trial. (none / 0)

            You don't get to claim your right to a lawyer was violated just because you take bad legal advice before you commit a crime, nor because your lawyer did a bad job trying to prevent an indictment.
            •  incompetent council is after the fact (none / 0)

              correct, Rove would have to show that his CONVICTIONS were the result of an incompetent lawyer

              if you win, you can't sue for incompetent council

              that's how the bastards "jobed" me on that one

              •  Also the incompetence must be at trial or relevant (none / 1)

                to the conduct of the trial if I'm not mistaken. Bad legal advice does not excuse perjury, and I'll bet it would be hard to find a case where pre-indictment or charge conduct by a lawyer representing a client not in custody would be used to get someone's conviction thrown out.  Maybe there are cases, but I doubt it.

                Of course I am not a lawyer but like everyone else this does not prevent me from having opinions on what the law is.

        •  give me a break (none / 0)

          rove's probably paying over a million dollars for this guy.  Incompetent counsels are usually the ones who are supplied to defendants who can't afford a good attorney.
    •  BREAKING: DAVID CORN HAS FOUND A BOMBSHELL (none / 0)

      David Corn's sources (who are close to Viveca) are telling him that Viveca pushed back when she caught Luskin lying about Cooper.


      Now, according to completely trustworthy sources close to Viveca Novak, this is what happened. Novak wasn't trying to tip off Luskin or to help him. During a conversation, Luskin said to Viveca Novak that Rove had never spoken to Cooper about Valerie Wilson. Novak instinctively pushed back, in the way many a reporter would challenge a source whom he or she believes is spinning or lying. "She assumed that Luskin was giving her BS," one close-to-Novak source says. "And she replied with something along the lines of, 'This is not what I hear.' She assumed that Luskin did know about the Rove-Cooper conversation and that she was not telling him anything he did not already know."
      •  And WaPo sources say this (none / 0)

        According to a source familiar with Novak's conversation with Luskin, the two were having a casual conversation over drinks sometime in early 2004 when Luskin insisted that his client, Rove, faced no danger in the leak investigation. Novak, described as fishing for information or trying to test Luskin's statement, begged to differ. She said she had heard at the magazine that Rove had been a key source for Cooper on information he published about Plame.

        A ship adrift in a sea of rhetoric & recycled clichés.

        by Terre on Sat Dec 03, 2005 at 06:11:15 PM PDT

        [ Parent ]

      •  I put it in an update (none / 0)

        looks like Viveca is pushing back.
  •  Whoa! (4.00 / 3)

    That's huge. So Luskin didn;t tell Rove about it? And if so, when did they "Search for the Hadley e-mail?

    This is real bad for Rove it seems to me.

    And, on BTW, Vivica Novak has some journalistic splainin to do. More so than ever.

    Everybody dies alone.

    by Armando on Sat Dec 03, 2005 at 11:20:10 AM PDT

    •  What's all this about personal and private... (none / 0)

      ...email accounts?

      Check out last night's dairy by Mike Laut Rove's e-mail to Hadley where he speculates that the email is a fake.

      All very interesting...

      •  Email stuff doesn't add up... (4.00 / 4)

        Shortly before his client's second appearance before the grand jury in October, Luskin personally conducted a review of thousands of e-mails Rove had sent during the crucial weeks in 2003, including those from accounts reserved for personal and political correspondence, a source familiar with the situation said.

        Questions:

        1. Why and how did Luskin personally conduct a review of thousands of emails that Rove had sent during the critical weeks in 2003. Thousands of emails? How could anyone write thousands of emails in a few weeks? How could Luskin personally go through the WH email system? Why would he personally review thousands of emails?

        2. What's the reason for mentioning that these were special accounts reserved for personal and political correspondence? Do these accounts exist outside the normal WH system?

        Amid the e-mails, Luskin found one sent from Rove to Stephen J. Hadley, then deputy national security adviser, in which Rove mentioned his conversation with Cooper. The e-mail was written from Rove's government account, which investigators searched early in the inquiry. It is unclear why the e-mail was not discovered at that time.

        Questions:

        1. Luskin, super sleuth at $500/hour after wading through all the thousands of emails finds one from Rove to Hadley....??? Is this credible?

        2. Why now say it came from Rove's government account? Is this the same as the personal and political accounts mentioned above? Why make these distinctions? Perhaps thou protests too much...

        3. And the big one! Why was it not discovered before?
        •  All good questions (none / 1)

          and here is one more..

          How did Luskin know that there even was an email at all unless Rove "remembered" it.

          I think it is possible that Fitz had this email or other information that Rove was lying all along.

          Waas had this

          Justice Department officials made the crucial decision in late 2003 to appoint a special prosecutor to investigate the leak of the identity of undercover CIA officer Valerie Plame in large part because investigators had begun to specifically question the veracity of accounts provided to them by White House deputy chief of staff Karl Rove, according to senior law enforcement officials.

          Several of the federal investigators were also deeply concerned that then attorney general John Ashcroft was personally briefed regarding the details of at least one FBI interview with Rove, despite Ashcroft's own longstanding personal and political ties to Rove, the Voice has also learned. The same sources said Ashcroft was also told that investigators firmly believed that Rove had withheld important information from them during that FBI interview.
          Waas 8/13/05

        •  This is most interesting (none / 0)

          The e-mail was written from Rove's government account, which investigators searched early in the inquiry.

          VandeHei says the email wasn't found, but you've got to wonder if the FBI investigators did have the email from early on. It would explain why they were so focused on Rove.

          Waas said that in 2003 "investigators had begun to specifically question the veracity of accounts provided to them by White House deputy chief of staff Karl Rove" and that "The same sources said Ashcroft was also told that investigators firmly believed that Rove had withheld important information from them during that FBI interview."

        •  Whitehouse turned over the email (4.00 / 2)

          according to AP's John Solomon in a report on 7/15/05:
          The White House turned the e-mail over to prosecutors, and Rove told a grand jury about it last year during testimony in which he also acknowledged discussing Plame's covert work for the CIA with Cooper and syndicated columnist Robert Novak.
          I remember reading the above, and then Luskin's claims that he found the email, and my head started to spin.

          A ship adrift in a sea of rhetoric & recycled clichés.

          by Terre on Sat Dec 03, 2005 at 02:32:25 PM PDT

          [ Parent ]

          •  Both could be true (none / 0)

            Luskin could have found it, then have the WH turn it over.

            I have 2 questions:

            1. How did Luskin know that there was an email to find?

            2. When was the email "found" and when was it handed over to investigators?
        •  How many email accounts do you have? (4.00 / 2)

          Not being personal or anything here, mind you.

          I have only two at the moment, but I've had three or more in the past. I would venture a guess that most people on DKos have more than one email account, whether to keep Freepers away from the "real" account, or in response to spammers. Instead of having different folders within one account to keep messages separated, one would have separate email accounts.

          I would be surprised if a government official didn't have more than one account. In order to keep away from ethics violations (ha ha ha...hee hee hee...Sorry), it would practically be mandatory.

          Senator McCain, we don't have to twist everything that comes out of a Republican's mouth - you guys come pre-twisted.

          by PatsBard on Sat Dec 03, 2005 at 03:24:59 PM PDT

          [ Parent ]

        •  I'm not sure if Luskin even knows what he's (none / 0)

          talking about half of the time.  a lot of his leaks contradict his previous ones.
          •  the source of this story is Ms. Novak's camp (none / 1)

            she is in deep doodoo and is trying to get into shallow doodoo. As I wrote the other day, she is a freakin anvil for Rove. Thanks, Luskin. The metaphors are getting difficult. Rove is drowning in the river. Up on the bank, Luskin throws him an anvil, while at the same time throwing himself under a passing bus.

            fouls, excesses and immoderate behavior are scored ZERO at Over the Line, Smokey!

            by seesdifferent on Sat Dec 03, 2005 at 05:20:46 PM PDT

            [ Parent ]

    •  I totally agree (none / 1)

      This article hurts Rove.

      Basically the story is now that Luskin knew that Rove had talked to Cooper and let Rove testify otherwise in his first Grand Jury appearance in early 2004.

      Luskin spins on and on about the email but never says when it was found or when they turned it over to Fitz.

      •  Luskin knows = Rove knows (none / 0)

        what your lawyer knows, you know. If Luskin knew this BEFORE Rove testified, Rove is toast

        and none of this affects Rove's lies to the FBI Investigators

      •  If the e-mail was produced in 2003 (none / 1)

        then Luskin should have known about it, even if he was hired after the FBI had reviewed the electronic files.  A good defense lawyer never lets his client be questioned by a prosecutor without going over every scrap of paper produced to the government. Because you never, ever want your client to be surprised by a document during testimony, especially when he's in a grand jury room and you are not there.  Nor do you want your client to say something that can be impeached by a document.  Even if Luskin didn't have access to the e-mail before Rove's first session with the grand jury, a January 2004 conversation with Viveca should have made him really push Rove to remember, and should have led him to caution Rove not to categorically deny talking to Cooper if asked.

        I cannot imagine -- well, I can, but professional pride makes it difficult -- that Luskin told Fitz that Viveca told him about the Rove-Cooper connection in October 2004 if the conversation was really in January 2004.  That's just incredibly dumb, in addition to being wrong.

        And if Luskin told Fitz about Rove's "refreshed" recollection in October 2004, then what did he tell him in October 2005 that gave him "pause"?

        "Mom, did you hurt yourself, or are you yelling at the TV again?

        by litigatormom on Sat Dec 03, 2005 at 03:28:59 PM PDT

        [ Parent ]

        •  no "disclosure" for grand juries (none / 0)

          A good defense lawyer never lets his client be questioned by a prosecutor without going over every scrap of paper produced to the government.

          that statement is valid in a trial, but when a person is called before a Grand Jury, the grand Jury has no responsibility for "Disclosure"

          the prosecutor didn't have to tell Luskin or Rove shit about any evidence the prosecutor might have had

          and IF (that's a big if) Luskin knew this information, AND he let Rove commit perjury, then the conspiricy charges become real for Mr. Luskin

          if your lawyer didn't tell you vital information, then the court will consider that act an act of OBSTRUCTION

          we have no reason to expect Luskin's defense to be perfect. But we DO have the right to assume that Mr. Luskin was acting in Rove's interest (that's what he's paid to do) by not telling Rove

          so Mr. Luskin is guilty of aiding and abetting in an act of perjury, and therefore is also open for a conspiricy to obstruct justice

          let Luskin take the stand and explain his fuckup (and extinguish his attorney-client privilege with Karl Rove)

          I'm willing to let Luskin explain this UNDER OATH AND IN FRONT OF A GRAND JURY

        •  Very Good Question (none / 0)

          And if Luskin told Fitz about Rove's "refreshed" recollection in October 2004, then what did he tell him in October 2005 that gave him "pause"?
          •  What Luskin told Fitzgerald in Oct. 2005 (none / 0)

            Here is a quote from Raw Story right before the indictment of Libby, while speculation was still going on that Rove would be indicted as well:

            "Those familiar with the case said that Libby did not inform Rove that Plame was covert. As a result, Rove may not be charged with a crime in leaking Plame's identity, even though he spoke with reporters."
            http://rawstory.com/...

            So, I guess Rove's story is that he didn't know Plame was covert (or undercover) and so could not have been committing a crime when talking about her to a reporter (well, two reporters). He may have said too much, but maybe he didn't say enough?

            Waiting for Fitz's next move. This is getting as convoluted as Watergate. Irony of ironies.

            "That story is not worth the paper it's rotten on."--Dorothy Parker

            by martyc35 on Sat Dec 03, 2005 at 06:39:04 PM PDT

            [ Parent ]

          •  Interesting turn of phrase... (none / 1)

            I just ran into this TIME article while looking for something else:

            <Notebook<br> When They Knew
            By MASSIMO CALABRESI

            Aug. 8, 2005
            As the investigation tightens into the leak of the identity of covert CIA operative Valerie Plame, sources tell TIME some White House officials may have learned she was married to former ambassador Joseph Wilson weeks before his July 6, 2003, Op-Ed piece criticizing the Administration. That prospect increases the chances that White House official Karl Rove and others learned about Plame from within the Administration rather than from media contacts. Rove has told investigators he believes he learned of her directly or indirectly from reporters, according to his lawyer. The previously undisclosed fact...>

            (Boldface added by me.) Massimo Calabresi has co-authored Time stories with Matt Cooper on the leak investigation. I would venture to guess that some of Time's problems relate to their notorious practice of having everything written "by committee," often with no true by-line discernible. Anyway, if this is correct, Rove, like Libby, must have been primed to tell the GJ that he learned of Plame's CIA connection FROM REPORTERS. How cute. But when that wasn't working for Libby, Rove suddenly dumped on Libby by breaking ranks to save his own skin. It was all Libby's fault; he didn't tell Rove that Plame was covert; he actually did learn this from inside the WH; he did indeed talk with Matthew Cooper, but he didn't say anything damaging there, either, as this newly discovered e-mail to Hadley shows.

            If Fitz hasn't figured this out, he ain't the brain I believe him to be.  

            "That story is not worth the paper it's rotten on."--Dorothy Parker

            by martyc35 on Sat Dec 03, 2005 at 08:17:23 PM PDT

            [ Parent ]

          •  Maybe nothing (none / 0)

            There was a report during Fitzmas week that Luskin was madly trying to negotiate a plea. But it didn't work. The report was that, having failed to get his plea, Fitz was going to throw everything at Novak. So maybe he had known of this obstruction since Fall 2004, but he was only going to use if it Karl wouldn't deal.

            This is the way democracy ends Not with a bomb But with a gavel -Max Baucus

            by emptywheel on Tue Dec 06, 2005 at 05:37:22 AM PDT

            [ Parent ]

    •  I put this in an update (none / 0)

      but wanted to add it to the comments as well. I know I rarly look back at the main diary when I check back.

      Here is why I think this WAPo story from VandeHei is damaging for Rove.

      First:
      The article closes in on the date of the Viveca Novak/Luskin conversation. Since the article states that the conversation occured before Rove's 1st Grand Jury testimony in Feb 2004, the conversation must have occured in Jan or Feb 2004.

      Second:
      The article states that "In that appearance, Rove testified that he did not recall talking to Cooper about Plame."

      This is important for 2 reasons, it implies that Rove was asked about talking to Cooper in his 1st GJ appearance and second we know that Rove's lawyer already knew about Cooper.

      Third:
      The email comes up again. The article says that  

      The e-mail was written from Rove's government account, which investigators searched early in the inquiry. It is unclear why the e-mail was not discovered at that time.

      Maybe it was discovered by investigators early in the investigation, maybe not. If not why not?

      I have thought it possible that Investigators might haver known about Rove's conversation with Cooper. Waas had this:

      decision in late 2003 to appoint a special prosecutor to investigate the leak of the identity of undercover CIA officer Valerie Plame in large part because investigators had begun to specifically question the veracity of accounts provided to them by White House deputy chief of staff Karl Rove,

      The same sources said Ashcroft was also told that investigators firmly believed that Rove had withheld important information from them during that FBI interview.

  •  This case (4.00 / 8)

    ...has really exposed the seedy incestuous nature of the Washington Press corps relationship with those in power.  It also leaves no doubt that high powered Washington reporters think nothing of their ethical obligations including gossiping about so-called anonymous sources only to turn around and rage against the injustice of having to tell the public about crimes committed by the White House.  Hypocritical and unethical in the extreme.
    •  But isn't that the inherent danger? (none / 1)

      In order to be a good reporter/journalist you must establish trust with the person(s) you're dealing with. In building that relationship anyone would have difficulty stradling the line between "source" and "friend". Or collaborator, as the case may be.

      Much has been said about how insular the White House is. That holds true for everyone in D.C., including those charged with reporting on it. One must have a strong inner character to keep from crossing that line...and also must have something on the "outside" to keep one grounded.

      Senator McCain, we don't have to twist everything that comes out of a Republican's mouth - you guys come pre-twisted.

      by PatsBard on Sat Dec 03, 2005 at 03:36:06 PM PDT

      [ Parent ]

  •  Second or Third GJ Appearance? (none / 1)

    WaPo today:

    Shortly before his client's second appearance before the grand jury in October,

    Viveca on Oct. 15 Time articleRove Testifies in Wilson Leak:

    Prosecutor Patrick Fitzgerald questioned Rove about his contacts with journalists in what a source familiar with Rove's situation said was his third appearance before the grand jury. "My client appeared voluntarily before the grand jury and has cooperated with the investigation since it began," said Rove's attorney Robert Luskin. "He has been assured in writing as recently as this week that he is not a target of the investigation."

     

    •  First (none / 0)

      The first appearance must have been in February 2004 per the WAPO in the dairy.

      Rove's first appearance before the grand jury in February 2004

      The Viveca/Luskin conversation took place sometime before that in early 2004, so in Jan or Feb 2004.

      I have never been able to find when Rove's second appearance was.

      •  But WaPo says in todays article... (none / 0)

        ...that the October appearance was the second.

        Was the October appearance the 2nd or 3rd?

        WaPo and Viveca's Oct 15 Time artice seem to be in conflict.

        •  Here is what I have been able to find (none / 0)

          regarding Rove's appearances before the Grand Jury. You are entirely right that this article and Viveca's 10/15/05 article are in conflict.

          1st

          Rove's first appearance before the grand jury in February 2004.

          2nd or 3rd

          Oct. 15, 2004:  Rove testifies before a federal grand jury for two hours. Fitzgerald assures Rove that he is not a target of the probe.

          4th

          Oct. 14, 2005:  Presidential adviser Karl Rove makes his fourth appearance before the federal grand jury
          •  Here's something else (none / 1)

            from Blogs on Bush
            REALITY: Rove Just Testified Before a Federal Grand Jury Investigating White Leak of CIA Agent. Top Bush aide Karl Rove testified on Friday for a second time before the grand jury investigating a White House leak of an undercover CIA operative's name in an act of political retribution. Rove was reportedly questioned for two and a half hours. [ABC News, 10/15/04]
            October 15, 2004 was a Friday, so the article appeared after he had testified that day.  I'm having a hard time locating the ABC News link.  :o(

            A ship adrift in a sea of rhetoric & recycled clichés.

            by Terre on Sat Dec 03, 2005 at 02:13:56 PM PDT

            [ Parent ]

            •  Starting to look like (none / 0)

              10/15/04 was Rove's second time to the GJ, which means  trip number 3 must be sometime between 10/15/04 and 10/14/05.
              •  That's what I'm thinking (none / 1)

                2nd trip to GJ 10/15/04, 3rd trip after and before 10/14/05.

                After coming up with diddly squat after Googling for over an hour, I finally wrote to WaPo and asked them if they could help me find out the information regarding appearance dates, and which came first, etc.

                Here's hoping we get a reply (fat chance).

                A ship adrift in a sea of rhetoric & recycled clichés.

                by Terre on Sat Dec 03, 2005 at 06:21:02 PM PDT

                [ Parent ]

              •  The NYT's timeline (none / 0)

                shows Rove testified (for the third time) on 10/14/2004; his fourth appearance was exactly one year later, on 10/14/2005.

                "That story is not worth the paper it's rotten on."--Dorothy Parker

                by martyc35 on Sat Dec 03, 2005 at 08:56:51 PM PDT

                [ Parent ]

                •  The NYT (none / 0)

                  sources Time magazine on the fact that is was the 3rd appearence, probably the same V. Novak story referenced above.
                  •  Thanks, hadn't seen the previous posting. (none / 0)

                    I went back and looked again, and they did say Time said it was the third. Also, it had to have been (3rd) 10/15/2004 and (4th) 10/14/2005, so the NYT timeline, besides having huge gaps, doesn't seem terribly accurate, either. Oh, well. Hope for a new indictment. I certainly am.

                    "That story is not worth the paper it's rotten on."--Dorothy Parker

                    by martyc35 on Sat Dec 03, 2005 at 09:56:39 PM PDT

                    [ Parent ]

  •  Too bad...this has disappeared... (none / 1)

    ...from the diaries list before it could get recommended.

    It would be good to from page this story.

  •  Hi, Polly (4.00 / 3)

    Can you believe this?  

    Luskin learns about Cooper, at last as a hot rumor, and doesn't even check for documentation until Cooper's been issed a subpoena?  Unbelievable.

    This makes Karl look as bad as can be - he was going to let Cooper go to jail, rather than reveal a conversation he claims is perfectly innocent.  This is how guilty people act.  (As if we didn't know Karl was guilty).

     

    Small varmints, if you will.

    by 2lucky on Sat Dec 03, 2005 at 12:21:45 PM PDT

    •  Hey 2lucky (none / 0)

      I totally agree, both Rove and Luskin look terrible here.

      I can't imagine what Luskin could have been thinking with his earier leaks about the Viveca angle.

    •  No it is not believable... (none / 0)

      ..so it did not happen that way.

      So what did happen...

      1. V. Novak tells Luskin about Cooper in January 2004.

      2. Luskin either does or does not tell Rove.

      3. Rove testifies in February 2004 and doesn't mention Cooper.

      4. Rove testifies again sometime maybe (see above 2nd/3rd appearance discrepency). If he testifies again he also does not mention Cooper at that time.

      5. Rove "finds" email.

      6. Rove testifies about Cooper in October 2004 saying he had found the email.
      •  Note... (none / 1)

        Viveca reported Grand Jury Hears Plame Case on Jan 22, 2004.

        Rove testified in February,

        Libby testified first on March, 5, 2004 and again on March 20, 2004

      •  If Luskin talked to Viveca (4.00 / 2)

        in January 2004, he must have asked Rove about it.  It would be pure incompetence not to do so.  If Rove denied talking to Cooper, or said he didn't remember, Luskin may have just accepted his denials, especially if he didn't know about the e-mail (which he should have known about, see my post upthread).  

        Or, he may have been aware that Rove was lying, and allowed him to do it anyway.  In which case, Luskin is in big trouble too.  

        "Mom, did you hurt yourself, or are you yelling at the TV again?

        by litigatormom on Sat Dec 03, 2005 at 03:33:59 PM PDT

        [ Parent ]

        •  maybe those arrogant assholes (none / 0)

          didn't think Cooper would testify, therefore luskin may have advised rove not to mention it.  
          •  A lawyer who advises his lawyer (none / 0)

            to lie in response to a direct question is a lawyer who should be disbarred.  Not to mention incredibly dumb.  Maybe Luskin is both that unethical and that dumb. But its not something a good lawyer would do.  No matter how much his client wanted to hide the truth. We shall see.

            "Mom, did you hurt yourself, or are you yelling at the TV again?

            by litigatormom on Sun Dec 04, 2005 at 03:10:30 PM PDT

            [ Parent ]

        •  Jane Hamsher (none / 0)

          at Firedoglake has this take on the subject.

          Sometimes I think Jane gets right inside Rove's head. A great talent for figuring out how these guys think.

          Note: I think Jane meant February in the first paragraph not May.


          However, let's say the Special Prosecutor is trying to make the claim that Rove can't recant his testimony because -- as a result of hearing from V. Novak in May that this news is floating around in the DC gossip world, and Cooper will not take it with him to any Soviet Gulag for eternity -- Rove changes his story.

          The way I am reading the story, and I could be filling in too many blanks with hypotheses, is that even despite hearing this from V. Novak, Rove still asserts to his lawyer that this is idle gossip and no such conversation ever took place. See, it didn't change his testimony, Rove is being true to his honest-injun memory. It is only the discovery of the intractable email by the indefatigable Luskin that makes him remember.

          I know it makes no sense. But little in this story does.
           

  •  LOL... (none / 0)

    What did Viveca know and when did she know it?
  •  Any bets on whether Rove gets his indictment? (none / 0)

    After Novak/Luskin testify, I wonder if Fitzgerald will have all the loose strings figured out to the point he can come to a decision: to frogmarch or not.
  •  Grand Jury (4.00 / 4)

    A prosecutor on CNN said that a prosecutor NEVER lets people who help the defendant give testimony to a grand jury.  Thus he was surprised that Fitzgerald would allow Novak who supposedly was going to give testimony to the grand jury that would help Rove.

    This new development explains why Fitzgerald wants Novak to testify.  If Fitz can show that Novak talked to Luskin and told him that she knew that Rove had talked to Cooper before Rove's FIRST grand jury, than Rove is in more danger.  I think the e-mail explanation is total bullshit.

    This is getting more interesting.

    Obama: "Because We Won... We Have to Win." 6/6/08

    by Drdemocrat on Sat Dec 03, 2005 at 12:49:32 PM PDT

    •  Deposition, not Grand Jury (none / 0)

      My understanding is that Viveca Novak is not appearing before the grand jury, but rather is giving a deposition under oath outside the presence of the grand jury, which is what was done for Woodward.  This makes more sense, since it allows Fitz to test Rove/Luskin's defense theory without presenting exculpatory evidence to the grand jury.
      •  I found this (none / 0)

        from the original Time article.

        I think you are right, it looks like she is not going before the GJ.

        Fitzgerald has now asked a second reporter in TIME's Washington bureau, Viveca Novak, to testify under oath about conversations she had with Robert Luskin, Rove's attorney, starting in May 2004, while she was covering the Plame inquiry for TIME
        Time 11/28/05

        and this from the AP

        Novak specifically has been asked to testify under oath about conversations she had with Rove attorney Robert Luskin starting in May 2004, the magazine reported.
        AP 11/27/05
  •  You know it looks bad when you lawyer up... (4.00 / 2)

    ... and then your lawyer has to lawyer up.

    I wish the worst upon these bastards. May the black hand of the law crush them.

    My teeth aren't white enough for DailyKos, so adios.

    by DrReason on Sat Dec 03, 2005 at 02:01:50 PM PDT

  •  Text of the email: (none / 1)

    Rove's July 11, 2003 email:

    "Matt Cooper called to give me a heads-up that he's got a welfare-reform story coming.  When he finished his brief heads-up, he immediately launched into Niger. Isn't this damaging? Hasn't the president been hurt? I didn't take the bait, but I said if I were him, I wouldn't get Time far out in front on this."
  •  More email fascination... (4.00 / 2)

    On October 17, 2005 Newsweek's Michael Isikoff writes:

    CIA Leak: Karl Rove and the Case of the Missing E-mail

    But lawyers close to the case, who asked not to be identified because it's ongoing, say Fitzgerald appears to be focusing in part on discrepancies in testimony between Rove and Time reporter Matt Cooper about their conversation of July 11, 2003. In Cooper's account, Rove told him the wife of White House critic Joseph Wilson worked at the "agency" on WMD issues and was responsible for sending Wilson on a trip to Niger to check out claims that Iraq was trying to buy uranium. But Rove did not disclose this conversation to the FBI when he was first interviewed by agents in the fall of 2003--nor did he mention it during his first grand jury appearance, says one of the lawyers familiar with Rove's account. (He did not tell President George W. Bush about it either, assuring him that fall only that he was not part of any "scheme" to discredit Wilson by outing his wife, the lawyer says.) But after he testified, Luskin discovered an e-mail Rove had sent that same day--July 11--alerting deputy national-security adviser Stephen Hadley that he had just talked to Cooper, the lawyer says. In the e-mail, Rove said Cooper pushed him on whether the president was being hurt by the Niger controversy. "I didn't take the bait," Rove wrote Hadley, adding that he warned Cooper not to get "far out in front on this." After reviewing the e-mail, Rove then returned to the grand jury last year and reported the Cooper conversation. He testified that the talk was initially about "welfare reform"--a topic mentioned in the e-mail--and that Cooper then changed the subject. Cooper has written that he doesn't recall a discussion of welfare reform.

    Why didn't the Rove e-mail surface earlier? The lawyer says it's because an electronic search conducted by the White House missed it because the right "search words" weren't used. (The White House and Fitzgerald both declined to comment.)

    Get that...the correct search words weren't used.

    Now from this:

    Rove E-Mailed Security Official About Talk
    By JOHN SOLOMON, Associated Press Writer
    Saturday, July 16, 2005

    ...here is AP quotes the email:

    Matt Cooper called to give me a heads-up that he's got a welfare reform story coming. When he finished his brief heads-up he immediately launched into Niger. Isn't this damaging? Hasn't the president been hurt? I didn't take the bait, but I said if I were him I wouldn't get Time far out in front on this.

    So the search words Cooper and Niger were not used.

    It is also interesting the Isikoff didn't make follow up on why they wouldn't have used such obvious search words.

    •  Yep.. Niger (none / 0)

      The original document request from 9/30/03:

      "[F]or the time period February 1, 2002 to the present, all documents, including without limitation all electronic records, telephone records of any kind (including but not limited to any records that memorialize telephone calls having been made),
      correspondence, computer records, storage devices, notes, memoranda, and diary and calendar entries, that relate in any way to:

      1. Former U.S. Ambassador Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife's purported relationship with the Central Intelligence Agency;

      2. Contacts with any member or representative of the news media about Joseph C. Wilson, his trip to Niger in February 2002, and/or his wife's purported relationship with the Central
      Intelligence Agency; and
  •  One more thing about the email... (4.00 / 2)

    Rove's email to Hadley is on July 11, 2003.

    Bob Novack outed Plame on July 14, 2003.

    Now they say that Luskin had to go through thousands of emails to find it.  

    We are talking about three days!!

    Thousands of emails?

    And

    Investigators missed it?

    This does not add up.

  •  Great Work, Here... (none / 1)

    as per!!!

    Has anyone graphed out a time-line based upon the information as we know it, at this point?  Something that maps out who talked to who when and known grand jury appearances.  It might clarify things to see it visually.  It begining to feel like playing out a 3-dimensional chess game strictly in one's brain.

    "We're all working for the Pharaoh" - Richard Thompson

    by mayan on Sat Dec 03, 2005 at 03:26:31 PM PDT

    •  Good Idea (none / 0)

      Think  Progress had a good run down on the administration, but I haven't seen anything on the reporters. The reporters BTW are getting to be a quite a crowd.

      The Miller and Pincus subpoenas have always been a puzzel to me.

      1. Russert/Cooper are subpoenaed on May 21, 2004.

      2. Russert testifies on 8/7/04

      3. Cooper is held in comtempt 8/9/04

      4. Pincus is subpoenaed on 8/9/04

      5. Miller subpoenaed 8/12/04

      6. Cooper testifies about Libby on 8/24/05

      The above dates are from NPR and the 8/10/04 WAPO.
       
      •  Where's the most... (none / 0)

        complete time-line, if you know.  Think Progress?  Maybe we should create a Timeline Project work-group - so much NEW and CONFUSING information has come pouring in over the last two or three weeks that I think it would prove illuminating.

        "We're all working for the Pharaoh" - Richard Thompson

        by mayan on Sun Dec 04, 2005 at 07:07:56 AM PDT

        [ Parent ]

      •  Pincus subpoena is very interesting (none / 0)

        I believe Fitz was after Mr. X at that point. Recall that Pincus' source cleared him to testify. (And that Pincus, as well, testified that Plame hadn't come up with Libby.)

        But it says that Fitz was going after two people at the time, not just Libby.

        Is it possible Fitz knows that Rove, and not Mr. X, gave Novak Plame's covert status (remember, everyone else is breaking security agreements and might get charged under espionage for the sheer deliberateness of this, but the Plame covert status is the big crime). And he was clearing out all the other possibilities?

        This is the way democracy ends Not with a bomb But with a gavel -Max Baucus

        by emptywheel on Tue Dec 06, 2005 at 05:53:09 AM PDT

        [ Parent ]

  •  this just gets better and better, (none / 0)

    every leak,every nugget that slips out. it seems to be taking a long time, but just think how much mental torture it must be for Rove, knowing they are closing in. I hope he thinks to patronize his buddies at Wal Mart this year because he really ought to saving his money for the lawyers. Cant wait for the perp walk. Its coming. The best present Democrats could have this year--or to start the new year. 06 looks better every day.

    it tastes like burning...

    by eastvan on Sat Dec 03, 2005 at 04:21:00 PM PDT

  •  Meanwhile, about those forged Niger documents.... (none / 0)

    Since the FBI has re-opened the investigation on the Niger forgeries as per LA Times, it really seems like this whole investigation could be heating up to a new level.
    •  LA Times link again.... (none / 1)

      Somehow I linked the wrong page. The link to the la times story is http://www.latimes.com/...
      •  I'm glad to hear this, I was incredulous (none / 1)

        when I learned the FBI closed the probe.

        What worries me though, is this:

        Federal officials familiar with the case say investigators might examine whether the forgeries were instigated by U.S. citizens who advocated an invasion of Iraq or by members of the Iraqi National Congress -- the group led by Ahmad Chalabi that worked closely with Bush administration officials in the buildup to the war.

        But the senior federal official said, "I don't expect the results to be any different. I think the answer is going to be that [Martino] wasn't acting in behalf of any government or intelligence agency. This guy was trying to peddle this to whoever he could."

        Until now, the FBI's inquiry had been limited to probing whether foreign governments were involved in the forgeries, despite a broader request from Rockefeller that the FBI look into whether the forgeries reflected a "larger deception campaign aimed at manipulating public opinion and foreign policy regarding Iraq."

        It worries me that a senior FBI official, who thinks he knows the outcome will work to hinder the investigation.  

        Also, this official has got a bad case of Rove.  What does Martino's greed factor have to do with the SOURCE of the documents.  

        I hope Rockefeller keeps the heat on the FBI and is briefed regularly.  

        It is fun to note that this announcement was part of the usual Friday evening news dump Bushco is so good at.  

        Small varmints, if you will.

        by 2lucky on Sat Dec 03, 2005 at 04:40:11 PM PDT

        [ Parent ]

  •  You know you are in more trouble when...... (none / 0)

    your lawyer has to testify in the investigation.

    From what we've been hearing lately from prosecutors who have experience with grand jury's the prosecutor job is seek charges against those he find's responsible from looking at all the evidence he gathers. Not to willingly help possible defendents prove they are not guilty.

    It sounds to me Rove and company have over played their hand on this one. It seems their goal was to get Viveca Novak to testify in the case to aid Rove's defense. They seem to have gotten that, but if Luskin now has to testify in the case it seems to me Fitzgerald has caught onto the ruse of Rove trying to twist his deception in this case.

    Less talk, Make it Happen!

    by hb12 on Sat Dec 03, 2005 at 05:00:00 PM PDT

  •  The more I read all these posts (none / 0)

    and timelines, the more I believe this: Fitz already had Hadley's received e-mail from Rove, and when Rove couldn't remember anything about talking to Cooper, Fitz was ready to indict. Suddenly, Rove volunteered to testify again, and Luskin found the e-mail, and they came clean, saying they had found this, and they now needed to make a correction. This gave Fitz "pause," as it was reported. Then Fitz read that article by V. Novak, and at the end, she put that taunting garbage into a news story that hinted that tons more people knew what was going on, and were out there, just waiting for Fitz to figure it out. Boom. She is invited to testify. She was being just a little too cute.

    What is Fitz good at, besides ordering pizza so he can keep on thinking? He is good at detecting finessing of the facts, especially if it seems gratuitous. He is good at detecting discrepancies in dates--could be one there on the Novak/Luskin stuff, too. He is good at not leaking, so, what the hell, let's wait and see what comes out. Shouldn't be too long, now. I can hardly wait.

    "That story is not worth the paper it's rotten on."--Dorothy Parker

    by martyc35 on Sat Dec 03, 2005 at 05:22:24 PM PDT

  •  Timeline.... (4.00 / 3)

    July 11, 2003 - Rove talks to Cooper

    July 11, 2003 - Rove emails Hadley

    Matt Cooper called to give me a heads-up that he's got a welfare-reform story coming.  When he finished his brief heads-up, he immediately launched into Niger. Isn't this damaging? Hasn't the president been hurt? I didn't take the bait, but I said if I were him, I wouldn't get Time far out in front on this.

    July 14, 2003 - Robert Novak outs Plame

    October 2003 - Viveca Novacks first known article where she reports on the matter Why Leakers Rarely Do Time (she is listed as a reporter on the story - for non-subscribers)

    January 2, 2004 to end of January - Viveca writes several Time articles on the subject. (Link to Time archive) in the first one on January 2, 2004 The CIA Agent Flap: FBI Asks for Reporters to Talk she writes:

    The FBI has already extensively re-interviewed some White House officials using emails and phone logs from their search to press for the identity of the leaker. "They are taking this very seriously," says one close to the case.

    January or early February - V. Novak tells Luskin about Cooper.

    sometime before October 2004 - Luskin either does or does not tell Rove about what he learned from Viveca Novak.

    February 2004 Rove testifies to GJ and doesn't mention Cooper.

    March 11, 2004 Libby testifies to GJ.

    February 2004 to around October 15, 2004 - Rove testifies again sometime maybe. There is a discrepency about whether October was his 2nd/3rd appearance. If he testifies again he also does not mention Cooper at that time.

    sometime before around October 15, 2004 - Someone discovers Rove/Hadley email and White House turns over it over to Fitz.

    around October 15, 2004 - Rove testifies about Cooper and found email.

    July 13, 2005 - Matt Cooper testifies to the GJ.

    July 15, 2005 Cooper writes writes What I Told the Grand Jury:


    As I told the grand jury--and we went over this in microscopic, excruciating detail, which may someday prove relevant--I recall calling Rove from my office at TIME magazine through the White House switchboard and being transferred to his office. I believe a woman answered the phone and said words to the effect that Rove wasn't there or was busy before going on vacation. But then, I recall, she said something like, "Hang on," and I was transferred to him. I recall saying something like, "I'm writing about Wilson," before he interjected. "Don't get too far out on Wilson," he told me. I started taking notes on my computer, and while an e-mail I sent moments after the call has been leaked, my notes have not been.

    The grand jury asked about one of the more interesting lines in that e-mail, in which I refer to my conversation with Rove as being on "double super secret background," a line that's raised a few eyebrows ever since it leaked into the public domain. I told the grand jury that the phrase is not a journalistic term of art but a reference to the film Animal House, in which John Belushi's wild Delta House fraternity is placed on "double secret probation." ("Super" was my own addition.) In fact, I told the grand jury, Rove told me the conversation was on "deep background." I explained to the grand jury that I take the term to mean that I can use the material but not quote it, and that I must keep the identity of my source confidential.

    Rove went on to say that Wilson had not been sent to Niger by the director of the CIA and, I believe from my subsequent e-mails--although it's not in my notes--that Rove added that Dick Cheney didn't send him either....

    ...[My] notes, and my subsequent e-mails, go on to indicate that Rove told me material was going to be declassified in the coming days that would cast doubt on Wilson's mission and his findings."

    ...Rove added that she worked on "WMD" (the abbreviation for weapons of mass destruction) issues and that she was responsible for sending Wilson. This was the first time I had heard anything about Wilson's wife.

    Rove never once indicated to me that she had any kind of covert status. I told the grand jury something else about my conversation with Rove. Although it's not reflected in my notes or subsequent e-mails, I have a distinct memory of Rove ending the call by saying, "I've already said too much." This could have meant he was worried about being indiscreet, or it could have meant he was late for a meeting or something else. I don't know, but that sign-off has been in my memory for two years."

    A surprising line of questioning had to do with, of all things, welfare reform. The prosecutor asked if I had ever called Mr. Rove about the topic of welfare reform. Just the day before my grand jury testimony Rove's lawyer, Robert Luskin, had told journalists that when I telephoned Rove that July, it was about welfare reform and that I suddenly switched topics to the Wilson matter. After my grand jury appearance, I did go back and review my e-mails from that week, and it seems as if I was, at the beginning of the week, hoping to publish an article in TIME on lessons of the 1996 welfare-reform law, but the article got put aside, as often happens when news overtakes story plans. My welfare-reform story ran as a short item two months later, and I was asked about it extensively. To me this suggested that Rove may have testified that we had talked about welfare reform, and indeed earlier in the week, I may have left a message with his office asking if I could talk to him about welfare reform. But I can't find any record of talking about it with him on July 11, and I don't recall doing so.