Without ever mentioning him by name, Special Counsel Patrick Fitzgerald, in a court filing Monday, argues that a jury in the CIA/Leak trial should not consider evidence concerning why he did not charge former State Department official Richard Armitage with leaking Valerie Plame's name to reporters. It is a crime to intentionally disclose the name of a classified CIA operative.I. Lewis "Scooter" Libby, the former top aide to Vice President Cheney, is the only one charged in the CIA/Leak case. Libby is accused of perjury, obstruction and lying to the FBI about his conversations in 2003 with three reporters regarding how he learned of and what he told them about CIA operative Valerie Plame - but not with leaking the agent's name.