From a statement from Time, Inc., via E&P:
“Statements from the Special Counsel’s office suggest his investigation has changed substantially since last summer, when he presented secret evidence to the district court. There is reason to believe, for example, that the Special Counsel may have determined that disclosure of Valerie Plame’s identity to Robert Novak did not violate the Intelligence Identities Protection Act. If that is correct, his desire to know the sources for a subsequent article by Mr. Cooper and others, that appeared on Time.com, may be solely related to an investigation into whether witnesses made false statements during the course of his investigation into this non-crime. Such an investigation of obstruction of justice or perjury may not rise to the level that justifies disclosure of information from or about a reporter’s confidential sources under federal common law.
“Under these circumstances, where the facts appear to have changed and where the appeals court has since elaborated on a reporter’s privilege under common law, Time Inc. and Matt Cooper will ask the District Court to review and reassess its orders.
“We think it premature for Time Inc. and Matt Cooper to articulate final positions until Judge Hogan has ruled on our request for review and reassessment.”