It's also very flimsy - why accept the "recollections" of reporters and commentators (particularly one who was already shown to have had a faulty memory) against those of Libby?
In any case, I thought the Martha Stewart thing was a dangerous precedent. Anyone should have the right to file a not-guilty plea without having to worry about being prosecuted essentially for having made use of their right to be considered innocent. The other thing that appalled me was that many Freepers, who seemed to have a particularly violent hatred of Martha Stewart, thought this perversion of justice was perfectly all right.
I think Fitzgerald is also setting a dangerous precedent here, essentially that of having to find some procedural crime or suggestion thereof even when there was no substance to the initial case.