Fitzgerald doesn't have a case and is acting unethically. After this is over he should be referred the the Bar for disbarment. He is just as bad as that idiot in Austin Texas.
Fitz had no problem at his press conference saying that Val was classified and implying the CIA was harmed by the leak, but he refuses to provide any documentation to support those claims. He was afraid to put it in the indictment, but he had no problem saying it on national TV.
Also in his response to Libby's doc request, he accuses the defense team of 'greymail':
"It is respectfully submitted that in addressing these discovery requests, this Court be mindful that the incentive for defendants facing trial to engage in “greymail” to seek to derail a trial is so well recognized that Congress passed the Classified Information Procedures Act statute (“CIPA”) to deal with it."
http://justoneminute.typepad.com/main/files/Libby_060216.pdf
Fitz only likes it when his side of the story is told.