Its legal appeals exhausted, Time magazine agreed last week to turn over reporter Matthew Cooper's e-mails and computer notes to a special prosecutor investigating the leak of an undercover CIA agent's identity. The case has been the subject of press controversy for two years. Saying "we are not above the law," Time Inc. Editor in Chief Norman Pearlstine decided to comply with a grand-jury subpoena to turn over documents related to the leak. But Cooper (and a New York Times reporter, Judith Miller) is still refusing to testify and faces jail this week.
At issue is the story of a CIA-sponsored trip taken by former ambassador (and White House critic) Joseph Wilson to investigate reports that Iraq was seeking to buy uranium from the African country of Niger. "Some government officials have noted to Time in interviews... that Wilson's wife, Valerie Plame, is a CIA official who monitors the proliferation of weapons of mass destruction," said Cooper's July 2003 Time online article.
Now the story may be about to take another turn. 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.
In early October 2003, NEWSWEEK reported that immediately after Novak's column appeared in July, Rove called MSNBC "Hardball" host Chris Matthews and told him that Wilson's wife was "fair game." But White House spokesman Scott McClellan told reporters at the time that any suggestion that Rove had played a role in outing Plame was "totally ridiculous." On Oct. 10, McClellan was asked directly if Rove and two other White House aides had ever discussed Valerie Plame with any reporters. McClellan said he had spoken with all three, and "those individuals assured me they were not involved in this."