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Context of 'December 2, 2005: Media Learns that Rove Altered Testimony after Reporter Told Lawyer of Leak'

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Syndicated columnist Robert Novak discusses former ambassador Joseph Wilson’s journey to Niger (see February 21, 2002-March 4, 2002) with Deputy Secretary of State Richard Armitage (see Late June 2003). Novak asks Armitage, “Why in the world did [the CIA] send Joe Wilson on this?” and Armitage answers by revealing what he has learned from a State Department intelligence memo (see June 10, 2003) that Wilson’s wife, Valerie Plame Wilson, is a CIA agent who works with the issue of weapons of mass destruction. “I don’t know,” Armitage says, “but his wife works out there.” Armitage also tells Novak that Plame Wilson “suggested” her husband for the Niger trip. [Fox News, 9/8/2006; Wilson, 2007, pp. 256; Marcy Wheeler, 2/12/2007] Novak has already learned of Plame Wilson’s CIA status from White House press secretary Ari Fleischer (see July 7, 2003). Either later this day, or sometime during the next day, Novak also learns of Plame Wilson’s CIA status from White House political adviser Karl Rove (see July 8 or 9, 2003). Novak will publicly reveal Plame Wilson’s CIA status in his next column, apparently as part of an effort to discredit her husband (see July 6, 2003 and July 14, 2003). [New York Times, 7/15/2005; New York Times, 7/16/2005]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, Richard Armitage, Central Intelligence Agency, Joseph C. Wilson, Robert Novak

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

White House political adviser Karl Rove, leading the White House’s damage control operation to recoup the losses from Joseph Wilson’s recent op-ed about the fraudulent Iraq-Niger documents (see July 6, 2003), speaks to Time reporter Matthew Cooper. Rove has already discussed Wilson with columnist Robert Novak (see July 8, 2003).
Cooper Digging for White House Smear Details - According to Cooper’s notes, an e-mail from Cooper to his bureau chief, Michael Duffy, and Cooper’s later testimony (see July 13, 2005), Cooper is interested in the White House’s apparent smear attempts against Wilson (see March 9, 2003 and After and May 2003). “I’m writing about Wilson,” Cooper says, and Rove interjects, “Don’t get too far out on Wilson.” Rove insists that their conversation be on “deep background,” wherein Cooper cannot quote him directly, nor can he disclose his identity. Rove tells Cooper that neither CIA Director George Tenet nor Vice President Dick Cheney sent Wilson to Niger, and that, Cooper will later write, “material was going to be declassified in the coming days that would cast doubt on Wilson’s mission and his findings.”
Outing Plame Wilson - Rove says that it is Wilson’s wife Valerie Plame Wilson “who apparently works at the agency [CIA] on wmd issues who authorized the trip… not only [sic] the genesis of the trip is flawed an[d] suspect but so is the report. [Rove] implied strongly there’s still plenty to implicate iraqi interest in acquiring uranium fro[m] Niger.” Rove does not identify Plame Wilson, only calling her “Wilson’s wife,” but Cooper has no trouble learning her name. Rove ends the call with a cryptic teaser, saying, “I’ve already said too much.” Cooper will recall these words two years later when he testifies to the grand jury investigating the Plame Wilson identity leak (see January 2004). [Cooper, 7/11/2003 pdf file; New York Times, 7/16/2005; Time, 7/17/2005; Unger, 2007, pp. 311-312] Later, Cooper will write: “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.” [Time, 7/17/2005] Cooper will later testify that Rove never told him about Plame Wilson’s covert status. [National Journal, 10/7/2005]
Call Not Logged - Rove asks his personal assistant, Susan Cooper, to ensure that Cooper’s call does not appear on the White House telephone logs. [CounterPunch, 12/9/2005]
Cooper E-mails Editor - After hanging up, Cooper sends an e-mail to his editors at Time about the conversation (see 11:07 a.m. July 11, 2003).
Conversation with Deputy National Security Adviser - After the conversation with Cooper, Rove sends an e-mail to Deputy National Security Adviser Stephen Hadley, saying he “didn’t take the bait” when Cooper suggested that Wilson’s criticisms had been damaging to the administration (see After 11:07 a.m. July 11, 2003).
White House Getting Message Across - Author Craig Unger later notes that while the conversation is on background, the White House is getting across its message that something about Wilson’s trip is questionable, and it has something to do with his wife. Unger writes, “And a White House press corps that relied heavily on access to high level administration officials was listening intently and was holding its fire.” [Cooper, 7/11/2003 pdf file; New York Times, 7/16/2005; Time, 7/17/2005; National Journal, 10/7/2005; Unger, 2007, pp. 311-312] Rove later testifies that his references to “Niger,” “damaging,” and Bush being “hurt” all referred to the potential political fallout from Wilson’s allegations. As for the statement that “If I were him I wouldn’t get that far out in front of this,” Rove will say he merely wanted to urge Cooper to use caution in relying on Wilson as a potential source. [National Journal, 10/7/2005]

Entity Tags: Valerie Plame Wilson, Stephen J. Hadley, Joseph C. Wilson, Matthew Cooper, Bush administration (43), Michael Duffy, Central Intelligence Agency, George J. Tenet, Craig Unger, Richard (“Dick”) Cheney, Karl C. Rove

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

The lawyer for White House official Karl Rove, Robert Luskin, speaks with Time magazine reporter Viveca Novak, about the Plame Wilson leak investigation. Novak informs Luskin that a colleague of hers at Time, Matthew Cooper, may have learned Valerie Plame Wilson’s CIA identity from Rove (see 11:00 a.m. July 11, 2003). [New York Times, 12/2/2005] According to Novak’s later recollection, Luskin says something along the lines of: “Karl doesn’t have a Cooper problem. He was not a source for Matt.” Novak isn’t convinced by Luskin’s words, and asks: “Are you sure about that? That’s not what I hear around Time.” Luskin, she will recall, “looked surprised and very serious,” and says, “There’s nothing in the phone logs,” referring to the White House telephone logs from July 2003, when Rove discussed Plame Wilson’s identity with Cooper, and when Cooper and other Time reporters published stories regarding the White House’s attempts to damage the credibility of Plame Wilson’s husband, Joseph Wilson (see July 17, 2003). Novak later notes that Cooper called Rove through the White House switchboard, which may explain the lack of phone logs. Novak is surprised at Luskin’s response. “I had been pushing back against what I thought was his attempt to lead me astray,” she will later write. “I hadn’t believed that I was disclosing anything he didn’t already know. Maybe this was a feint. Maybe his client was lying to him.” Novak immediately begins wishing she had not said anything to Luskin. Reporters don’t, as a rule, tip off people involved in investigations. “Thank you,” Luskin says as he walks her to her car. “This is important.” [Time, 12/11/2005] In 2005, investigative reporter Jason Leopold will posit that Novak may have been trying to convince Luskin that she knew more about Cooper’s source than she did. According to Leopold, Novak is repeating a months-old rumor that Rove leaked Plame Wilson’s identity to Cooper, a rumor that has swirled throughout the Washington journalistic community. Leopold’s sources will bolster Novak’s claim that she had no intention of “tipping off” Luskin to anything. [CounterPunch, 12/9/2005] The press will later report Novak’s meeting with Luskin as taking place in the late summer or fall of 2004, and Novak will initially tell special prosecutor Patrick Fitzgerald that it took place in May 2004, but according to her final testimony, the meeting occurs on March 1 (see December 8, 2005). [New York Times, 12/2/2005; Time, 12/11/2005] Leopold will date the Novak-Luskin conversation to “the summer of 2004.” [CounterPunch, 12/9/2005] Upon the conclusion of his conversation with Novak, Luskin will immediately prompt Rove to begin searching for documentation of his conversation with Cooper (see March 1, 2004).

Entity Tags: Viveca Novak, Matthew Cooper, Karl C. Rove, Time magazine, Jason Leopold, Robert Luskin

Timeline Tags: Domestic Propaganda, Niger Uranium and Plame Outing

Deputy White House chief of staff Karl Rove, President Bush’s top political adviser, testifies for a third time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). (The date of Rove’s second testimony to the grand jury is not publicly known, though Newsweek’s Michael Isikoff later says Rove testified twice in February 2004.) Rove tells the jury that he spoke with Time magazine reporter Matthew Cooper (see 11:00 a.m. July 11, 2003), a conversation he has failed to disclose in previous testimony both before the jury and when interviewed by FBI agents (see October 8, 2003 and February 2004). Rove now says he recalls speaking with Cooper, but cannot remember details of their conversation. His lawyer, Robert Luskin, says Rove “answered fully and truthfully every one of their questions,” and did not try to avoid answering questions on legal grounds. White House press secretary Scott McClellan says that Rove’s testimony shows he is “doing his part to cooperate” in the probe. Terry McAuliffe, the chairman of the Democratic National Committee, charges that Rove and other Bush aides are refusing to tell the public everything they know about the outing of Plame Wilson as a CIA official. “Karl Rove needs to come clean and tell us what he told the grand jury today,” McAuliffe says. Luskin claims that Rove has been informed he is not a target of the inquiry. [Time, 10/15/2004; New York Times, 10/16/2004; National Journal, 4/28/2006; Newsweek, 5/8/2006]
Names Libby - Rove informs the jury that he may have learned of Plame Wilson’s identity from former White House official Lewis Libby, the chief of staff to Vice President Dick Cheney. Almost a year later, the Washington Post will learn of Rove’s naming of Libby from “a source familiar with Rove’s account.” Days before Plame Wilson’s identity was publicly revealed (see July 14, 2003), Libby and Rove discussed conversations they had had with Cooper and other, unnamed reporters. Both Plame Wilson’s CIA identity and her husband, war critic Joseph Wilson, were discussed, Rove tells the jury. He says that his conversations with Libby were confined to information the two men heard from reporters. He also says he heard about Plame Wilson’s CIA identity from “someone outside the White House,” but cannot recall that person’s identity. [Washington Post, 10/20/2005]
Claim of Memory Failure - Rove has claimed not to remember the conversation between himself and Cooper, but has recently found an e-mail he sent to Deputy National Security Adviser Stephen Hadley confirming the conversation (see After 11:07 a.m. July 11, 2003). Rove and Luskin claim that Rove only recently found the e-mail and immediately turned it over to Fitzgerald’s investigators. They claim that Rove never intended to withhold evidence from the investigation. [New York Times, 11/4/2005]
Kerry Campaign Calls for Full Disclosure from White House - Joe Lockhart, the campaign spokesman for the presidential campaign of John Kerry (D-MA), says: “With two weeks to go before the election, the American people are still in the dark about how it is that their White House leaked the name of an undercover CIA operative to the press, jeopardizing the life of this agent and possibly violating federal law. Instead of hiding behind the lawyers he so often likes to criticize, George Bush should direct Karl Rove and anyone else involved to go to the White House briefing room and come clean about their role in this insidious act.” [Salon, 10/15/2004]

Entity Tags: Scott McClellan, Terry McAuliffe, Stephen J. Hadley, Matthew Cooper, Robert Luskin, Karl C. Rove, Bush administration (43), Federal Bureau of Investigation, Lewis (“Scooter”) Libby, Joe Lockhart, George W. Bush

Timeline Tags: Niger Uranium and Plame Outing

Karl Rove (right) and his lawyer, Robert Luskin.Karl Rove (right) and his lawyer, Robert Luskin. [Source: Doug Mills / The New York Times]White House deputy chief of staff Karl Rove testifies for a fourth time before the grand jury investigating the Valerie Plame Wilson identity leak (see December 30, 2003). [Washington Post, 10/15/2005; Washington Post, 7/3/2007] Rove amends and clarifies his earlier testimony, most notably his failure to remember outing Plame Wilson to Time reporter Matthew Cooper (see 11:00 a.m. July 11, 2003). Special prosecutor Patrick Fitzgerald spends a large portion of Rove’s session focusing on the omission. In earlier testimony, Rove attempted to claim that he had only a “hazy recollection” of hearing Plame Wilson’s name (see October 15, 2004) before reading Robert Novak’s column which publicly outed her as a CIA agent (see July 14, 2003). He now testifies that he informed Cooper of her status as a CIA agent days before the article appeared, and his memory apparently failed him during his earlier statements to the grand jury. Rove testifies that his recollection was prompted by the discovery of an e-mail message to Stephen Hadley, then the deputy national security adviser, that he wrote after talking to Cooper (see March 1, 2004). [National Journal, 10/7/2005; New York Times, 10/15/2005] He insists that he never identified Plame Wilson by her name, but “merely” as the wife of former ambassador Joseph Wilson, and did not intentionally reveal her as a covert CIA official because he did not know of her clandestine status. [Washington Post, 10/15/2005] He says he may have learned of Plame Wilson’s CIA identity from fellow White House official Lewis Libby, and says that both he and Libby learned of her CIA employment status from reporters. He says someone else outside the White House also told him of Plame Wilson’s identity, but he cannot remember who that was. [Washington Post, 10/20/2005] Previously, Rove insisted that he learned of Plame Wilson’s identity from reporters, and not the other way around, as many reporters and others have already testified. Rove has said that one of the reporters who told him that Plame Wilson was a CIA official was Novak, a statement Novak has contradicted (see October 7, 2003, February 5, 2004, and September 14, 2004). Rove also testified that he never told Cooper Plame Wilson’s name, but merely identified her as the wife of former ambassador Joseph Wilson. [Associated Press, 7/15/2005]
Rove's Testimony No Distraction, White House Officials Claim - White House spokesman Scott McClellan says Rove’s testimony has not distracted the administration from its usual affairs: “[W]hile there are other things going on, the White House doesn’t have time to let those things distract from the important work at hand.” [New York Times, 10/15/2005] White House chief of staff Andrew Card concurs. “Well, obviously we’re all human beings and we know that there are external activities that impact the environment you’re working in,” he says. “It is something that is there, but it is something that we don’t talk about because it would be inappropriate.… I haven’t found anyone that is distracted because of the ongoing investigation, but we all know that it’s taking place and we’re all working to cooperate with the investigators.” [Washington Post, 10/15/2005]
Lawyer: Rove 'Always Honest' with FBI, Jury, President - Rove’s lawyer, Robert Luskin, says that his client “has always attempted to be honest and fully forthcoming” to anyone “he has spoken to about this matter, whether that be the special prosecutor or the president of the United States. My client would not hide anything, because he has nothing to hide. It would not be to his benefit to do so.” Previously, Rove had failed to disclose his discussion with Cooper to either the FBI or to President Bush (see After September 26, 2003). [National Journal, 10/7/2005] “The special counsel has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges.” [Washington Post, 10/15/2005]
Fitzgerald Mulling Criminal Charges against Rove - Sources close to the Fitzgerald investigation say Rove’s statements to Bush and to the FBI are at the heart of the decision whether or not to charge him with making false statements to investigators, or with obstruction of justice. Lying to the president could in itself be worthy of charges. Law professor Rory Little, a former federal prosecutor and assistant attorney general in the Clinton administration, says: “The president is the top law enforcement official of the executive branch. It is a crime to make a false statement to a federal agent. If the president was asking in that capacity, and the statement was purposely false, then you might have a violation of law.” However, if Bush had discussed the matter with Rove in a more informal capacity, then, Little says, a case for making false statements to a federal agent would be more difficult to prove. Law professor Randall Eliason says that if Rove deliberately lied to the president, a prosecutor could construe the lie as an “overt act… in furtherance of a criminal plan.” Law professor Stephen Gillers notes: “Misleading the president, other officials of the executive branch, or even the FBI might not, in and of themselves, constitute criminal acts. But a prosecutor investigating other crimes—such as obstruction of justice or perjury—might use evidence of any such deception to establish criminal intent. And a lack of candor might also negate a claim of good faith or inadvertent error in providing misleading information to prosecutors.” [National Journal, 10/7/2005]

Entity Tags: Lewis (“Scooter”) Libby, Joseph C. Wilson, Valerie Plame Wilson, Bush administration (43), Karl C. Rove, Federal Bureau of Investigation, Central Intelligence Agency, Stephen J. Hadley, Andrew Card, Scott McClellan, Randall Eliason, Stephen Gillers, Matthew Cooper, Robert Luskin, Patrick J. Fitzgerald, Rory Little, Robert Novak

Timeline Tags: Niger Uranium and Plame Outing

Viveca Novak.Viveca Novak. [Source: Annenberg Public Policy Center]The New York Times learns that a conversation between the lawyer for White House official Karl Rove and Time magazine reporter Viveca Novak led Rove to change his testimony to the grand jury investigating the Plame Wilson identity leak (see October 14, 2005). Novak told Rove’s lawyer, Robert Luskin, that her colleague at Time, Matthew Cooper, had possibly learned of Valerie Plame Wilson’s CIA status from Rove (see March 1, 2004). Special prosecutor Patrick Fitzgerald has summoned Novak to testify before his grand jury about the Luskin conversation. Sources say Fitzgerald is still determining whether Rove has been truthful and forthcoming in his multiple testimonies before the jury, and whether he altered his testimony after learning that Cooper might identify him as a source (see October 15, 2004). Previously, Rove testified that he only spoke to columnist Robert Novak (no relation to Viveca Novak) about Plame Wilson’s secret CIA identity (see July 8, 2003), and failed to disclose his similar leak to Cooper (see 11:00 a.m. July 11, 2003). Rove testified that he simply forgot about his conversation with Cooper during previous testimony. [Washington Post, 11/29/2005; New York Times, 12/2/2005] Progressive media watchdog organization Media Matters notes that Novak never disclosed her conversation with Luskin to Fitzgerald, and failed to inform her readers of her contacts and her knowledge of the case in several articles she wrote about the investigation subsequent to her conversation with Luskin. Media Matters also notes that Novak “provid[ed] Luskin with information that might prove crucial to Rove’s defense in the case.… Novak, an experienced journalist working for a prestigious publication, disclosed to Rove’s lawyer information that she did not give to her readers and that Cooper would zealously try to withhold for more than a year on the basis of the purportedly sacrosanct anonymity agreement between a reporter and a source.… Novak may have affirmatively helped Rove—a source the magazine covers and will continue to cover—beat a perjury rap, not by exonerating him through a story in the course of her job, but by providing his lawyer with information in a private conversation.… Novak apparently felt free to disclose to Rove’s lawyer that Cooper might be compelled to testify before a grand jury about the conversation between Cooper and Rove, but she did not accord Time readers the same privilege.” [Media Matters, 12/2/2005] The Washington Post notes that Luskin and Novak are friends. [Washington Post, 11/29/2005]

Entity Tags: Valerie Plame Wilson, Media Matters, Matthew Cooper, Karl C. Rove, Patrick J. Fitzgerald, Robert Novak, Viveca Novak, Robert Luskin

Timeline Tags: Niger Uranium and Plame Outing

Time magazine reporter Viveca Novak writes an article discussing her recent testimony to the grand jury investigating the Plame Wilson identity leak. Novak was asked to testify (see December 2, 2005) after special prosecutor Patrick Fitzgerald learned of her conversation with Robert Luskin, the lawyer for White House official Karl Rove. Rove is a primary focus of the leak investigation. In 2004, Novak alerted Luskin that her colleague, Matthew Cooper, had learned of Valerie Plame Wilson’s CIA identity from Rove (see March 1, 2004). That information prompted Luskin to have Rove “alter” his testimony before Fitzgerald’s grand jury, and admit that he had leaked Plame Wilson’s identity to Cooper (see October 14, 2005). Novak defends her conversation with Luskin, admitting that she and Luskin had been casual friends since 1996, and she had used him as a source for several years. Luskin, Novak recalls, informed her in late October 2005 that he had told Fitzgerald of their 2004 conversation, and that Fitzgerald might want to subpoena her to testify. Novak writes that she never considered refusing to testify, since there was no need to try to protect Luskin as a source, and Luskin wanted her to testify anyway. Novak hired a lawyer but did not inform her editors at Time of the upcoming testimony. She spoke with Fitzgerald on November 10 (see November 10, 2005) and testified a month later (see December 8, 2005). Novak notes that Luskin is displeased about her decision to write about their conversation, but, she writes, “I feel that he violated any understanding to keep our talk confidential by unilaterally going to Fitzgerald and telling him what was said. And, of course, anyone who testifies under oath for a grand jury (my sworn statement will be presented to the grand jury by Fitzgerald) is free to discuss that testimony afterward.” After this article is published in Time, the magazine announces, “By mutual agreement, Viveca Novak is currently on a leave of absence.” [Time, 12/11/2005]

Entity Tags: Valerie Plame Wilson, Karl C. Rove, Matthew Cooper, Patrick J. Fitzgerald, Viveca Novak, Robert Luskin, Time magazine

Timeline Tags: Niger Uranium and Plame Outing

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