This latest order relates to Libby's request for the Presidential Daily Briefs - the judge would like the prosecution to comment on the practicality of providing Libby with summaries of the relevant material for a reduced time frame - the June/July period when Libby was speaking with Miller, Russert, and Cooper, and the periods encompassing Libby's FBI interviews and grand jury testimony.
The biggest loser here - if any member of the chattering class suggested or foresaw this now-painfully obvious compromise, step forward and take a bow; I'm hanging my head in shame
The next biggest loser - well, Fitzgerald argued that the request for the PDBs was "greymail", but the judge is taking it seriously - you make the call!
Of course, one might argue that Libby "lost" since he won't be getting everything he asked for. Well, parents hear that at Christmas, too - in my humble opinion, no one expected Libby to be given all of the PDBs. However, a bolder argument would be that Libby lost because the judge's suggestion may eliminate a plausible basis for appeal.
And let's anticipate a future non-win for Special Counsel Fitzgerald - the judge is planning to entertain subpoenas for reporters. Will Judge Walton uphold a defense subpoena to, for example, Bob Woodward, but refuse to order the prosecution to disclose Woodward's previous testimony?