WE ALREADY KNOW HE DIDN'T COMMIT A CRIME:

The Rove Factor?: Time magazine talked to Bush's guru for Plame story. (Michael Isikoff, 7/11/05, Newsweek)

The e-mails surrendered by Time Inc., which are largely between Cooper and his editors, show that one of Cooper's sources was White House deputy chief of staff Karl Rove, according to two lawyers who asked not to be identified because they are representing witnesses sympathetic to the White House. Cooper and a Time spokeswoman declined to comment. But in an interview with NEWSWEEK, Rove's lawyer, Robert Luskin, confirmed that Rove had been interviewed by Cooper for the article. It is unclear, however, what passed between Cooper and Rove.

The controversy began three days before the Time piece appeared, when columnist Robert Novak, writing about Wilson's trip, reported that Wilson had been sent at the suggestion of his wife, who was identified by name as a CIA operative. The leak to Novak, apparently intended to discredit Wilson's mission, caused a furor when it turned out that Plame was an undercover agent. It is a crime to knowingly reveal the identity of an undercover CIA official. A special prosecutor was appointed and began subpoenaing reporters to find the source of the leak.

Novak appears to have made some kind of arrangement with the special prosecutor, and other journalists who reported on the Plame story have talked to prosecutors with the permission of their sources. Cooper agreed to discuss his contact with Lewis (Scooter) Libby, Vice President Dick Cheney's top aide, after Libby gave him permission to do so. But Cooper drew the line when special prosecutor Patrick Fitzgerald asked about other sources.

Initially, Fitzgerald's focus was on Novak's sourcing, since Novak was the first to out Plame. But according to Luskin, Rove's lawyer, Rove spoke to Cooper three or four days before Novak's column appeared. Luskin told NEWSWEEK that Rove "never knowingly disclosed classified information" and that "he did not tell any reporter that Valerie Plame worked for the CIA." Luskin declined, however, to discuss any other details. He did say that Rove himself had testified before the grand jury "two or three times" and signed a waiver authorizing reporters to testify about their conversations with him. "He has answered every question that has been put to him about his conversations with Cooper and anybody else," Luskin said. But one of the two lawyers representing a witness sympathetic to the White House told NEWSWEEK that there was growing "concern" in the White House that the prosecutor is interested in Rove. Fitzgerald declined to comment.

The only danger here was someone misrepresenting what was innocent behavior--it would seem Mr. Rove, at least, was smart enough not to. That's a rarity in Washington "scandals".

Posted by Orrin Judd at July 2, 2005 4:24 PM