Libby : Fitz Learned Novak's Source in Feb. 2004
There's a new filing in the Lewis "Scooter" Libby case. Tom Maguire has posted it here (pdf). It's a reply to Fitz's response to Libby's Motion to Dismiss the case on the grounds that (shorter version) Fitz' appointment as special counsel violated the federal appointment statute and the Constitution because he was not being supervised by the Attorney General. Pete Yost of the AP has more on the filing here.
The most interesting statement in the filing is the one that states Fitzgerald only recently disclosed that two months after his appointment, around February, 2004, he learned the identity of Robert Novak's source for his July, 2003 column outing Valerie Plame. However, the citation provided by Libby's lawyers is page 17 of Libby's Memorandum brief (pdf) in support of his original Motion to Dismiss.
I have searched through Fitzgerald's pleadings and affidavits and cannot find anything disclosing that Fitz knew Novak's source that early. I'm hoping some other Plame-a-holics will have better luck. One other reference may be contained in Exhibit E, a heavily redacted affidavit of Patrick Fitzgerald (although not explicitly.)
If it's true, which I assume it is, because Libby has quality, ethical lawyers, is it something that was disclosed to them in discovery that hasn't been made public? Why are they disclosing it? What does it mean in terms of the overall investigation?
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