Here's the problem with that. In reading this (and it's convoluted), Libby said that he told Russert, in response to his question about Plame being CIA, that he (Libby) did not know that.
But Fitz is saying that Russert never asked that question, and is saying that, since it never happened, that Libby is committing perjury.
However, HE IS ALSO INDICTING LIBBY FOR SAYING HE DIDN'T KNOW TO RUSSERT - for a question that Fitz says was NEVER ASKED! Fitz can have one or the other. He can't have both, and that IMO is gonna sink two charges on the spot.
You are correct in this statement. What you are leaving out though, is that Libby reiterated this statement to the FBI and the Grand Jury, i.e. he flat out told them "I did not know at that time that Plame worked for the CIA". That is a demonstrably false statement.
But Fitz is saying that Russert never asked that question, and is saying that, since it never happened, that Libby is committing perjury.
No, that is not what Fitz is hanging the false statements and perjury charges on. It is not because Libby made up a question that Russert didn't really ask. As I said above, it's because Libby told the FBI and the Grand Jury that he didn't know Plame worked for the CIA when he was talking to the reporters, when he most certainly and provably did know!