In a CNN article, diaried earlier in the day on a different matter, there was strong indication that rumors about Fitzgerald's using the Espionage Act were gaining headwind. Here's the excerpt and the link. Not breaking news, but nevertheless provocative and the strongest indication in the MSM, yet (at least of what I've seen).
"Meanwhile, lawyers for possible indictment targets are boning up on the Espionage Act, used to charge Daniel Ellsberg, leaker of the Pentagon papers, say people close to the probe.
Fitzgerald would face fewer hurdles proving a case under the statute, which bars transmitting "information relating to the national defense" to anyone not entitled to receive it, than under the more exacting Intelligence Identities Protection Act." http://www.cnn.com/2005/POLITICS/10/10/rove.redux.tm/