Luskin reportedly showed Fitzgerald an e-mail Rove sent to former press aide Adam Levine on July 11, 2003, saying Levine could come to his office to discuss a personnel matter.
The e-mail was sent just minutes after Rove had finished discussing White House critic Joe Wilson's wife's work for the CIA with Time magazine reporter Matt Cooper -- the same conversation that Rove originally failed to disclose to the grand jury.
Levine told the FBI last week that Rove never said anything about Cooper. Newsweek said Levine's account helped support Luskin's argument that Rove dealt with a wide range of matters and might not remember every conversation he has had with journalists.
Newsweek said Rove remains in some jeopardy, but the consensus view of lawyers close to the case is that he has probably dodged the bullet.