The latest RWNM line is there is nothing in the indictment about the underlying crime — revealing a covert operatives name in violation of the statute. What no one on the RWNM is mentioning is the Special Prosecutor has wide discretion to bring whatever charges he wants. It is obvious Fitzgerald is going after a simpler case because it is far easier to win.
A case is essentially a story. The simpler the narrative, the easier it is to get a conviction.
Let’s look at both cases.
Perjury: essentially someone knowingly lied. To prove this case, the prosecutor must get the statement into evidence which is pretty easy. Then, he must prove he knew the statement was false. The prosecutor can do this through circumstantial evidence. However, he does not need to parade a large number of people in front of the jury. In addition, lying is a very easy concept for the jury to grasp.
Revealing a Covert Agents Identity: This is far more complicated. First, the prosecutor must prove the person was a covert agent. This immediately runs into issues of national security. Fitzgerald would have to get CIA documents into evidence. Then he would have to prove no one knew Plame was undercover. All Libby would have to produce is 1 credible person who claims they knew Plame was undercover and the case is gone.
In summation, Fitzgerald is using his discretion as a prosecutor to get the case e he knows he can win. This is entirely within his discretion. It also shows Fitzgerald is a bright guy. Why make it more complicated than it has to be?