It seems likely that Rove was so confident that Cooper and Time Magazine would protect his identity that he lied to the investigator and to the grand jury. It's ironic that he got outed for outing someone else.
The Wasington Post reports:
If the source for this information is correct, it exonerates Libby. My suspicious mind wonders if this source was Libby's lawyer. It would really be fun if they're starting to turn on each other.
"Lawyers involved in the case said there are now indications that Fitzgerald did not initially know or suspect that Rove was Cooper's primary source for the reporter's information about Plame. That raises questions about how much Rove disclosed when first questioned in the inquiry or how closely he was initially queried about his contacts with reporters. Rove has testified before a grand jury and been questioned by FBI agents on at least five occasions over the past two years.
Two lawyers involved in the case say that although Fitzgerald used phone logs to determine some contacts between officials and reporters, they believe there is no phone record of Cooper's now-famous call to Rove in the days before Novak's column appeared. That is because Cooper called the White House switchboard and was reconnected to Rove's office, sources said.
Also, when first questioned in the days after Plame's name appeared in the press, Rove left the impression with top White House aides that he had talked about her only with Novak, according to a source familiar with information provided to investigators.
Initially, Fitzgerald appeared focused on the theory that Libby had leaked Plame's identity, according to lawyers involved in the case. He had interviewed three other reporters about their conversations with Libby, but all three indicated he either did not discuss Plame or did not reveal her identity.
He also sought testimony from Cooper about his July 2003 story in Time. In 2004, Cooper obtained a waiver from Libby to discuss their conversation, as had the three other reporters.
Cooper and his attorneys were surprised that Fitzgerald agreed to ask Cooper questions only about his conversations with Libby, sources familiar with the investigation said.
The sources said Fitzgerald looked surprised in the August 2004 deposition when Cooper said it was he who brought up Wilson's wife with Libby, and that Libby responded, "Yeah, I heard that, too."
The prosecutor pressed Cooper to then explain how he knew about Wilson's wife in the first place, and Cooper said he would not answer the question because it did not involve Libby, the sources said...
The prosecutors have appeared keen to see if they can fill in some gaps in Rove's memory about how he learned about Plame, and they have repeatedly asked witnesses if Rove told them how he knew about Plame."