It sounds like as the final pharagraph states that Fitzgerald is just covering his ass and this defense by Rove will fall short in the end.
Rove Team Cites Warning From Reporter
Talk With Time's Novak Figures in Effort to Show Bush Adviser Did Not Lie
By Jim VandeHei and Carol D. Leonnig
Washington Post Staff Writers
Saturday, December 3, 2005; Page A11
A reporter for Time magazine told Karl Rove's attorney in early 2004 that the White House deputy chief of staff might be in more legal trouble than he originally thought, according to sources familiar with the conversation. Now, Rove is relying on that casual exchange as part of a broad effort to convince a prosecutor he did not lie about his role in the CIA leak case, the sources said.
A conversation between longtime friends -- Viveca Novak, who has helped cover the case for Time, and Robert Luskin, Rove's attorney -- is at the heart of the latest legal maneuvering in the two-year-old case.
Over drinks, Novak told Luskin that Time employees were buzzing that Rove had talked to her colleague Matthew Cooper about CIA operative Valerie Plame in July 2003, sources familiar with the conversation said.
Snip>
"If you're going to bring charges against the White House deputy chief of staff, you want to be absolutely convinced it was an intentional lie," Schertler said. "I think Fitzgerald is looking at this so at the end of the day he can say, 'I explored everything.' "
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/02/AR2005120201816.html?nav=rss_nation