By Sher Zieve – The original lawsuit against former aide to VP Cheney Lewis “Scooter” Libby was that Libby had leaked information that resulted in the “outing” of Valerie Plame-Wilson as a covert CIA agent. It was later learned that Plame-Wilson had not been covert for 6 years prior to the alleged leak.

On Friday, Libby’s attorneys argued before Judge Reggie Walton that their client was entitled to his personal PDB (Presidential Daily Briefing) notes taken before and after the now infamous 14 July 2003 Novak column appeared and the essential status of Plame-Wilson as a covert agent, including any and all damages affected by the disclosure of her identity. Thus far, Special Prosecutor Fitzgerald has refused to provide the information and materials to Libby’s defense team.

Byron York of NRO reports that Judge Walton asked Fitzgerald: "Does the government intend to introduce any evidence of damage or her status?" Fitzgerald responded with: "We don't intend to offer any proof of actual damage.”

Libby attorney Ted Wells advised: "I might call Ms. Wilson to testify. I might call her husband. There are going to be CIA employees as witnesses in this. Was she just classified because some bureaucracy didn't declassify her five years ago when they should have?" Fitzgerald responded by saying that Plame-Wilson’s status as a covert CIA agent didn’t matter. York also advises that Fitzgerald is said to be fighting to continue the withholding of critical CIA information on the leak from the defense.