Bump
Bump!
Do not celebrate too soon.
The Fitzpatrick team knew the extent and limits of what they were doing. The indictment is very narrow and very strict about activities that have literally nothing to do with Plame's status. The indictment is about impeding an investigation.
That the investigation did not find anything significant as to Plame's status becomes irrelevant in the narrow focus of the indictment. The lawyers on that team know that. So does the defense.
The current flurry will never be presented to a jury. If this gets to trial, a jury will be explicitly instructed to ignore all such aspects of the case. Plame's status will not the focus of the trial. The very narrow focus will be whether or not the investigation was impeded.
This current flurry is intended for the judge. A judge could declare that the narrow indictment is rendered moot if her status is not covered by any statute. But a jury will never consider that question because they will only see this case if a judge has already decided that the indictment in narrow form can stand.