While I would really like to see this go to trial, it will be interesting to see if Fitzgerald has the spine to take on the media firestorm coming his direction for putting all these big name journalists and their employers on the stand. Because in the end, he is the foolish one who decided to take this incredibly weak case to court to perform his witch hunt.

Lawyers for I. Lewis “Scooter” Libby have subpoenaed The New York Times, former Times reporter Judith Miller and NBC correspondent Tim Russert for documents concerning the disclosure of an undercover CIA agent’s identity, as the former White House aide’s legal team prepares for his trial.

Libby, who was Vice President Dick Cheney’s chief of staff, is charged with five counts of perjury, obstruction and lying to the FBI. Prosecutors contend he lied about how he learned of undercover officer Valerie Plame’s CIA status. A spokeswoman for the newspaper said Thursday that the subpoenas are for documents concerning the disclosure of Plame’s identity. NBC spokeswoman Barbara Levin confirmed Russert also received a subpoena. Libby told FBI agents and a federal grand jury that his information about Plame had come from Russert. But Russert has said they never discussed it.

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“We have issued subpoenas to news organizations and members, but we are not identifying the parties,” said Barbara Comstock, a spokesman for Libby’s legal team.

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The new subpoenas seek Miller’s notes and other materials, including any other documents concerning Plame prepared by Miller and Times columnist Nicholas D. Kristof.

Which means there are more probably out there than we know as of now. Fitzgerald is the only one who can stop the press from being investigated. At some point the media will have to take on Fitzgerald if it wants to protect what is left of their freedoms to deal with sources and protect them from exposure. Going after Libby is useless. When it does happen the media will do all it can to demonstrate Fitzgerald’s case is a huge mistake, possibly even prosecutorial misconduct. Right now their fate lies with Libby’s fate. The only difference is the damage will be done to the press even if Libby is exonerated in a trial. So it is lose-lose for them.

Addendum: Yep, more subpoenas here:

Time Inc. lawyer Robin Bierstedt confirmed that the magazine and reporter Matt Cooper were each subpoenaed by Libby’s attorneys. The Times confirmed subpoenas to the newspaper and former reporter Judy Miller. NBC confirmed the subpoena to Russert.