The case rested largely on the eyewitness testimony of a career criminal named Robert Fitzgerald, who had been an informant for prosecutors before and was in the witness-protection program.

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Her brother, Robert Sliwak, was a Cantor-Fitzgerald employee who died in the World Trade Center.

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Robert Luskin, personal attorney for Rove, told CNN Friday that he "has no reason to doubt" Fitzgerald's assertion that some White House e-mail was missing.

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