Quote of note:

According to Tatel's summary of the evidence that Fitzgerald presented in the court's chambers in August 2004, the prosecutor had at least a good circumstantial case on perjury but charging Libby with intentionally leaking classified information was "currently off the table," though it could be "viable" if he gained new evidence.

Tatel wrote that interviewing Miller would be crucial to making that decision, because Libby might have mentioned to her that he knew Plame's status was covert. He concluded that simply lying about a national security matter was serious enough to warrant ordering the reporters to testify about their conversations with Libby.

By Carol D. Leonnig
Washington Post Staff Writer
Saturday, February 4, 2006; A03

The special prosecutor in the CIA leak case alleged that Vice President Cheney's former chief of staff was engaged in a broader web of deception than was previously known and repeatedly lied to conceal that he had been a key source for reporters about undercover operative Valerie Plame, according to court records released yesterday.

The records also show that by August 2004, early in his investigation of the disclosure of Plame's identity, Special Counsel Patrick J. Fitzgerald had concluded that he did not have much of a case against I. Lewis "Scooter" Libby for illegally leaking classified information. Instead, Fitzgerald was focused on charging Cheney's top aide with perjury and making false statements, and knew he needed to question reporters to prove it.

The court records show that Libby denied to a grand jury that he ever mentioned Plame or her CIA job to then-White House press secretary Ari Fleischer or then-New York Times reporter Judith Miller in separate conversations he had with each of them in early July 2003. The records also suggest that Libby did not disclose to investigators that he first spoke to Miller about Plame in June 2003, and that prosecutors learned of the nature of the conversation only when Miller finally testified late in the fall of 2005.