On Hardball this evening, Deborah Orin of the New York Post and GOP consultant Ed Rogers repeated what now seems to the their latest talking point, which is that the reason Libby wasn't indicted for outing a covert agent is that she wasn't covert, and Fitzgerald had reached the conclusion that she wasn't covert. Chris Matthews did a pretty good job of pointing out why this argument is absurd, but he obviously didn't have the transcript of Fitzgerld's press conference immediately at hand. That's too bad, because this is what Fitzgerald had to say about the matter at his press conference announcing the indictment:
"Before I talk about those charges and what the indictment alleges, I'd like to put the investigation into a little context.
"Valerie Wilson was a CIA officer. In July 2003, the fact that Valerie Wilson was a CIA officer was classified. Not only was it classified, but it was not widely known outside the intelligence community.
"Valerie Wilson's friends, neighbors, college classmates had no idea she had another life.
"The fact that she was a CIA officer was not well- known, for her protection or for the benefit of all us. It's important that a CIA officer's identity be protected, that it be protected not just for the officer, but for the nation's security.
"Valerie Wilson's cover was blown in July 2003. The first sign of that cover being blown was when Mr. Novak published a column on July 14th, 2003."
http://www.washingtonpost.com/...
That doesn't seem to leave any room for the possibility that Fitzgerald had any doubt whatsoever about being able to prove her covert status. Pretty clearly, the reason he didn't indict on the underlying crime is that it's a crime that requires specific intent, and all of the lying left him uncertain of whether he could prove the required intent beyond a reasonable doubt.
Immediately after watching Hardball, I got the quote and sent the producers of Hardball an email with the quote, and suggesting that they use it the next time some spokesman for the right tried to peddle this story.
I think it's important that we all watch for the GOP talking heads and their allies in the right wing media trying to peddle this story (and there is clearly an organized effort underway to sell it), and inundate whoever is interviewing them with the real facts. If these liars get called on their lies by having Fitzgerald's words quoted to them a few times, they're going to look to the viewing public like the bare-faced liars that they are.