Digby: Miller's Message

Kevin Drum questions the theory that Bennett didn't come clean with Fitz about Libby being Judy's only "meaningful" source, (or didn't know that Libby wasn't Judy's only meaningful source) when they made the deal that she would only testify about her conversations with Libby. This rests on the fact that Miller now has a phantom source who told her about "Valerie Flame" but she can't remember who it might have been. Kevin says:

This doesn't sound right to me. First of all, surely something like this can't happen in real life, can it? Bennett's representations to Fitzgerald would be considered binding, wouldn't they? If it turned out he misrepresented the evidence, Fitzgerald would no longer be bound by the original agreement. (Someone with experience in federal prosecutions should feel free to step in and tell me I'm wrong, but this sure doesn't sound like something a judge would spend more than a few seconds ruling on.)