While this may be plausible, I got the impression the internal CIA investigation is not being handled by Fitz, though they are perhaps swapping evidence (presuming that to be legal... I'm no lawyer).
And as far as a CIA internal probe, I would expect any charges arising from that would be classified, and any prosecutions handled totally in secret, through the proper channels, of course.
This is one time I wish the CIA probe would be made public and the likes of the rogue people trying to undermine the President outed.