July 10, 2005

THE SCIENTER CAN NOT HOLD:

Rove Told Reporter About Plame But Didn't Name Her, Attorney Says (Josh White, July 11, 2005, Washington Post)

To be considered a violation of the law, a disclosure by a government official must have been deliberate, the person doing it must have known that the CIA officer was a covert agent, and he or she must have known that the government was actively concealing the covert agent's identity.

Cooper, according to an internal Time e-mail obtained by Newsweek magazine, spoke with Rove before Novak's column was published. In the conversation, Rove gave Cooper a "big warning" that Wilson's assertions might not be entirely accurate and that it was not the director of the CIA or the vice president who sent Wilson on his trip. Rove apparently told Cooper that it was "Wilson's wife, who apparently works at the agency on [weapons of mass destruction] issues who authorized the trip," according to a story in Newsweek's July 18 issue.


No wonder Mr. Rove wants Matt Copoper to tesify, since that exonerates him.


MORE:
For Time Reporter, Decision to Testify Came After Frenzied Last-Minute Calls (ADAM LIPTAK, 7/12/05, NY Times)

Mr. Cooper, it turns out, never spoke to his confidential source that day, said Robert D. Luskin, a lawyer for the source, who is now known to be Karl Rove, the senior White House political adviser.

The development was actually the product of a frenzied series of phone calls initiated that morning by a lawyer for Mr. Cooper and involving Mr. Luskin and the special prosecutor in the case, Patrick J. Fitzgerald. [...]

Later, Mr. Waldman asked whether Time's disclosures and a blanket waiver form his source had signed were enough to allow him to testify. In an e-mail message on Tuesday night, Mr. Cooper said he believed the forms could have been coerced and thus worthless.

The only thing that would do, Mr. Cooper wrote, was a "certain, unambiguous waiver" from his source.

Around 7:30 on Wednesday morning, Mr. Cooper had said goodbye to his son, resigned to his fate. His lawyer, Mr. Sauber, called to alert him to a statement from Mr. Luskin in The Wall Street Journal.

"If Matt Cooper is going to jail to protect a source," Mr. Luskin told The Journal, "it's not Karl he's protecting."

That provided an opening, Mr. Cooper said. "I was not looking for a waiver," he said, "but on Wednesday morning my lawyer called and said, 'Look at The Wall Street Journal. I think we should take a shot.' And I said, 'Yes, it's an invitation.' "

In court shortly after 2, he told Judge Thomas F. Hogan of the Federal District Court in Washington that he had received "an express personal release from my source."

That statement surprised Mr. Luskin, Mr. Rove's lawyer. Mr. Luskin said he had only reaffirmed the blanket waiver, in response to a request from Mr. Fitzgerald.

"Karl was not afraid of what Cooper is going to say and is clearly trying to be fully candid with the prosecutor," Mr. Luskin said.

Posted by Orrin Judd at July 10, 2005 11:39 PM
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