Luskin did not return numerous calls for comment. A spokeswoman for the National Security Council said she could not comment on an ongoing investigation and has vehemently denied that Hadley was involved in the leak "because Mr. Hadley told us he wasn't involved."
In December, Luskin made a desperate attempt to keep his client out of Fitzgerald's crosshairs.
Luskin had revealed to Fitzgerald that Viveca Novak - a reporter working for Time magazine who wrote several stories about the Plame Wilson case - inadvertently tipped him off in early 2004 that her colleague at the magazine, Matt Cooper, would be forced to testify that Rove was his source who told him about Plame Wilson's CIA status.
Luskin had assured Novak that Rove learned Plame Wilson's name and CIA status after it was published in news accounts and that only then did he phone other journalists to draw their attention to it. But Novak told Luskin that everyone in the Time newsroom knew Rove was Cooper's source and that he would testify to that in an upcoming grand jury appearance, these sources said.
According to Luskin's account, after he met with Viveca Novak he contacted Rove and told him about his conversation with her. The two of them then began an exhaustive search through White House phone logs and emails for any evidence that proved that Rove had spoken with Cooper. Luskin said that during this search an email was found that Rove had sent to then-Deputy National Security Adviser Stephen Hadley immediately after Rove's conversation with Cooper, and it was subsequently turned over to Fitzgerald.
"I didn't take the bait," Rove wrote in the email to Hadley immediately following his conversation with Cooper on July 11, 2003. "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."
Luskin wound up becoming a witness in the case and testified about his conversation with Viveca Novak that Luskin said would prove his client didn't knowingly lie to FBI investigators when he was questioned about the leak in October 2003, just three months after Rove told Cooper that Wilson's wife worked for the CIA.
The email Rove sent to Hadley, which Luskin said he found, helped Rove recall his conversation with Cooper a year earlier. Rove then returned to the grand jury to clarify his previous testimonies in which he did not disclose that he spoke with journalists.
Still, Rove's account of his conversation with Cooper went nothing like he had described in his email to Hadley, according to an email Cooper sent to his editor at Time magazine following his conversation with Rove in July 2003.
"It was, KR said, [former Ambassador Joseph] Wilson's wife, who apparently works at the agency on wmd [weapons of mass destruction] issues who authorized [Wilson's] trip," Cooper's July 11, 2003, email to his editor said. "Wilson's wife is Plame, then an undercover agent working as an analyst in the CIA's Directorate of Operations counterproliferation division. (Cooper later included the essence of what Rove told him in an online story.) The email characterizing the conversation continues: "not only the genesis of the trip is flawed an[d] suspect but so is the report. he [Rove] implied strongly there's still plenty to implicate iraqi interest in acquiring uranium fro[m] Niger... "
It is unclear whether Rove was misleading Hadley about his conversation with Cooper, perhaps, because White House officials told their staff not to engage reporters in any questions posed about Wilson's Niger claims.
But Fitzgerald's investigation has turned up additional evidence over the past few months that convinced him that Luskin's eleventh-hour revelation about the chain of events that led to the discovery of the email is not credible. Fitzgerald believes that Rove changed his story once it became clear that Cooper would be compelled to testify about the source - Rove - who revealed Plame Wilson's CIA status to him, sources close to the case said.
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