Just re-reading some of the earlier postings and this one sentence stood out:
Finally, the government notes in the interest of completeness that it may offer annotated copies of an October 2003 article by Seymour Hersh in The New Yorker if it appears that the defendant will pursue the defense that he was too focused on other urgent national security matters to remember accurately what took place during his conversations with reporters.
The government received from the OVP multiple copies of the same article bearing handwritten annotations, apparently by the defendant and others in his office.http://www.usdoj.gov/usao/iln/osc/documents/2006_05_12_...Multiple copies? Well, he probably got one through his subpoena for "all papers, writings, etc relating to...."
So who else would have tossed a copy of the marked up article to Fitz? It sounds like it was copied and passed around the office, making the conspiracy part of the argument much easier to prove. I can see Luskin tossing one to the prosecutor "it wasn't my client, look, it was Cheney". Libby's trying to say the opposite as a defense (too busy with other things) so doubtful any copies from his camp.
Who else would be so helpful at this point?