He's got other things to worry about, like illegally leaking classified information, conspiring to do the same, lying to federal investigators, obstruction of justice, and conspiring to obstruct justice. This National Review column cites "knowledgeable sources" without identifying them. Well here is what an identified source who is knowledgeable about Fitzgerald's investigation had to say.
Cooper asks us to protect criminal leaks so that he can write about the crime.
The greater public interest lies in preventing the leak to begin with. Had Cooper
based his report on leaks about the leaks—say, from a whistleblower who
revealed the plot against Wilson—the situation would be different. Because
in that case the source would not have revealed the name of a covert agent,
but instead revealed the fact that others had done so, the balance of news
value and harm would shift in favor of protecting the whistleblower. Yet it appears
Cooper relied on the Plame leaks themselves, drawing the inference of sinister
motive on his own. Accordingly, his story itself makes the case for punishing the
leakers. While requiring Cooper to testify may discourage future leaks, discouraging
leaks of this kind is precisely what the public interest requires.
. . .
Were the leak at issue in this case less harmful to national security or more vital to
public debate, or had the special counsel failed to demonstrate the grand jury’s need
for the reporters’ evidence, I might have supported the motion to quash. Because
identifying appellants’ sources instead appears essential to remedying a serious
breach of public trust, I join in affirming the district court’s orders compelling their
testimony.
http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/04-3138a.pdf (Tatel, J. concurring opinion at pp. 82-83) (emphasis added)
This is from Judge Tatel's concurring opinion in the Cooper/Miller in which he considered the existence of a possible journalist's privilege which the other judges were unwilling to recognize. He reached the conclusion that any possible journalist's privilege concerning the identity of Cooper's source would be overcome by the grand jury's need for the information.
Appellate Court judges typically write with a great level of precision. It is unlikely that Judge Tatel would have referred to "criminal leaks" or "the crime" or revealing "the name of a covert agent" unless he had concluded that the leaks violated the law. These comments by Judge Tatel follow the several pages of redacted material in his opinion. That redacted material almost certainly contained a great deal of Fitzgerald's arguments and evidence which were filed under seal and likely provided the basis for why Judge Tatel concluded a crime had been committed. In other words, Fitzgerald convinced Tatel that a crime had been committed.
I also found it interesting that Judge Tatel referred to "the plot against Wilson" as though such a plot was an established fact. Perhaps the reasons for that conclusion also were in the redacted material. Since Judge Tatel distinguished a hypothetical situation in which Cooper could have reported about "the plot against Wilson" (not "a possible or hypothetical plot against Wilson") I doubt that Tatel based his statement concerning the existence of such a plot on Cooper's or Miller's arguments and evidence. Instead, I think Judge Tatel based the statement on Fitzgerald's arguments and evidence. The reference to such a plot makes me think Fitzgerald is looking at the involvement of the WHIG in this case.
Based on Judge Tatel's statements, I think Fitzgerald is pursuing the case honestly and has a substantial amount of evidence of wrong doing. I also think he will indict several people on a variety of charges.
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