Eleanor Clift points to the 'tell' that still hasn't gotten enough attention ...

Fitzgerald said he wasn’t able to uncover the conspiracy because of all the sand thrown in his eyes by Libby to obstruct the investigation. Looking back at the trial, it was as inevitable as night following day that President Bush would find a way to get Libby off the hook. The fix was in when Libby’s high-priced legal team mounted a curiously passive defense. After pointing to Vice President Cheney as an instigator in the Plame naming, hinting they might even call the veep to testify, they abruptly backed off, slow-walking Libby toward conviction with no alibi for his lies other than that he didn’t remember. As legal eagles, they didn’t impress, but they did preserve the pardon option.

There was a promise: you'll never do a day in jail.

And metaphorically at least, as the trial got underway, he got it in writing.