before Rove's October 2004 testimony. (Not to be confused with a Rove email to press aide Adam Levine to meet and when they met Rove didn't mention his talk with Cooper that he'd just had minutes before...sort of a dog that didn't bark defense, so to speak. This email was disclosed by Luskin, as was his conversation with Vivie, in late October 2005 as part of his last minute dance to get Fitz to hold off on an indictment. Story here:
http://www.msnbc.msn.com/id/9865842/site/newsweek/ )
Fitz apparently didn't know about Vivie until Luskin told Fitz about her apparently in an effort to "prove" that Rover didn't intentionally mislead investigators, that he simply forgot he spoke to Cooper until his formerly photographic memory was "restored" by Rove's email to Hadley they found after they looked again. Apparently Luskin's claiming that it was his conversation with Vivie is what generated another more thorough "search" for any email mentioning Rove's conversation with Cooper. Luskin's claim that Vivie's testimony would help Rove makes no sense to me and neither does the Hadley email itself seem to help Rove's case, but I guess it was a desperate Hail Mary pass to forestall Rover being indicted at the same time as Libby.
Especially since Rover's "restored" memory of the conversation as well as his email to Hadley varied significantly from Cooper's 2005 testimony and his contemporaneous notes of conversation that Time turned over to Fitz in summer 2005.
What's likely more significant in motivation for Rove's semi-restored memory than Vivie's conversation with Luskin (it may well be possible that Rover also "forgot" to mention to Luskin that he'd spoken with Cooper and so Vivie's info was indeed news to Luskin) was the fact that in May, August and Sept 2004 grand jury subpoenas were issued to Cooper and Time and when they didn't comply Time and Cooper were held in contempt of court in October 2004, days before Rover testified again to the grand jury. Fitz evidently was going to take it to the mat and made sense that Rover engage in at least a modified hang out at that time to attempt to diffuse the issue. Hence the Hadley email with Rover's cover story. (It may well be legit and was intended as a proactive CYA just in case it was ever needed, memorializing Rover's story should he need to remember it. And not knowing the dynamic between Hadley and Rove, it may have served some internal purpose as some have speculated.) Obviously the recovered memory and email didn't work: Fitz wanted Time and Cooper's story to nail the matter one way or the other and he eventually got it.