Fitzgerald still at work; Rove still in jeopardy; journalists threatened

The Washington Post today reminds us that Special Counsel Patrick Fitzgerald is still at work and that Karl Rove isn't feeling safe.  And Libby's attorneys will subpoena journalists.

Attorneys for Vice President Cheney's former chief of staff told a federal court yesterday that they plan to subpoena several journalists and news organizations to obtain their notes and other information they consider useful in defending their client from perjury charges.

The plan for defending I. Lewis "Scooter" Libby is likely to substantially delay his trial and create another round of tense First Amendment battles over whether a court can compel reporters to turn over information about the confidential sources in Libby's criminal case.

Might want to take a little time this weekend to read Jeffrey Toobin's New Yorker piece which asks why courts are leaning on journalists.  How well are journalists like Eric Lichtblau and James Risen protected from legal sanction as a result of their uncovering of NSA's warrantless spying on Americans?  What effect does a subpoena in the Libby case have on the press?

As Libby’s lawyers prepare for his trial, which will probably take place this year, they are expected to ask to see the journalists’ notes, and they may subpoena other reporters who covered the investigation. At the trial, Libby’s team will try to undermine the journalists’ credibility by challenging them on everything from sloppy note-taking to evidence of bias. “This guy is on trial for his freedom, and it’s not his job to be worried about the rights of the witnesses against him,” a person close to Libby’s defense team said. “There are going to be fights over access to the reporters’ notes, their prior history and credibility, and their interviews with other people. By the time this trial is over, the press is going to regret that this case was ever brought.”

What about the ever-diminishing freedom (and responsibility) of the media?  How will America by served by Libby's pugnacious defense team?