Today it’s the Post’s Charles Lane who provides a run-down of the kewl kids who find themselves at odds with the law in the Plame case. The nub of the story is an oblique reference to Novak.
Novak is not before the court, and a key question in the case is why he is not, because he presumably knows the identities of the original leakers.
Neither he nor Fitzgerald has been willing to say whether Novak has even been subpoenaed or, if so, whether he has cooperated.
One intriguing possibility, noted by several lawyers familiar with the case, is that Novak may have invoked his Fifth Amendment right against self-incrimination, and that Fitzgerald has not yet chosen to give him immunity from prosecution to compel his testimony.
Both Fitzgerald and James Hamilton, Novak’s attorney, declined to comment for this article. Hamilton said Novak “will not comment.”
Lane misses another obvious “intriguing possibility”: broke-ass Novak may have already spilled the beans and Fitzgerald is now nibbling at the edges of a larger conspiracy (as I asserted earlier today).