Mr. Fitzgerald's filing talks not of an effort to level with Americans but of "a plan to discredit, punish or seek revenge against Mr. Wilson." It concludes, "It is hard to conceive of what evidence there could be that would disprove the existence of White House efforts to 'punish Wilson.' "

Disproving a negative is always a thorny to nigh impossible thing to do, but my guess is Fitzgerald is basing this on documentation that there were efforts to this effect, not the "Have you stoped beating your wife yet?" argument. My other guess is, he's getting ready to drop a few more bombs.

With One Filing, Prosecutor Puts Bush in Spotlight - New York Times