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After reading through the indictment, if Fitzgerald can factually establish exact time frames for all those "on or about" dates, and firmly establish that Libby had those conversations before discussing the matter with Russert, he might get a conviction on the point that Fitzgerald said he was surprised to hear about Plame's place of employment.

He also has to prove that Fitzgerald was claiming to be surprised by Russert's statement that she worked for the CIA, and not surprised by Russert's comment that all reporter's knew she did.

"During a conversation with Tim Russert of NBC News on July 10 or 11, 2003, Russert asked LIBBY if LIBBY was aware that Wilson’s wife worked for the CIA. LIBBY responded to Russert that he did not know that, and Russert replied that all the reporters knew it. LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson’s wife’s employment from the Vice President."

There probably is someplace where one can read exactly what Libby said, rather than the prosecutor's summation of what Libby said.

Fitzgerald seems to be assuming that Libby lied to the FBI when in fact it appears that Libby's statement to the FBI was an honest admission that he had been BSing Russert. No lie (to the FBI) there. As far as Fitzgerald's assertion that Libby lied to the GJ about his conversation with Russert that comes down to nothing more than "he said/she said."

Having read the indictment now I think it's pretty thin. Fitzgerald is skating on about 1/8" of ice IMO.

"LIBBY was surprised by this statement because, while speaking with Russert, LIBBY did not recall that he previously had learned about Wilson’s wife’s employment from the Vice President."

Libby SHOULD NOT have been surprised about Plame's employment with the CIA, HOWEVER, I can understand his surprise that "all reporters knew it." Now...is Russert saying that he never said that to Libby? If Russert remembers differently, the problem for LIbby is that his credibility is much less because he already should have remembered her name.