Remember, the NY Times and Judith Miller are being investigated by Fitzgerald for 2 reasons:
1. Valerie Plame
2. Judith's head's up phone call to an Al Qaeda fundraiser about an upcoming FBI raid that allowed them to destroy records prior to the raid.
I would think the NY Times is primarily spending all their legal money defending Judith Miller for reason number 2. The question Fitzgerald is asking Miller is who tipped her off to the upcoming Al Qaeda raid?
That second point seems far more important than the first, considering all the other Washingtonians who seemed to already know Plame's CIA status. Also the timeline of Plame's covert to non-covert transition (bearing children seems to be a bit of an obstacle in the spy game) doesn't seem to qualify as pertinent to the law involving exposing an active CIA undercover operative. I hadn't even heard about the Al-Qaeda tip-off. Why did they let her out of jail?!