The person who wrote the law says that it doesn't cover Valerie Plame.
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Those lawyers “familiar” with what is going on in Fitzgerald’s investigation have likely based their opinions on the types of questions the prosecution team has asked their own clients, who are presumably only witnesses. One theory is that Fitzgerald is looking at a general espionage law, 18 USC §793. But that law prohibits a person from revealing national defense information such as ship movements or submarine base locations. It was never intended to criminalize the mere act of disclosing a CIA agent’s name. Why? Because when Congress considered prohibiting revealing a covert person’s identity, it stated in the accompanying report that such disclosure should be prohibited only under limited circumstances to “exclude the possibility that casual discussion, political debate, the journalistic pursuit of a story on intelligence, or the disclosure of illegality or impropriety in government” would be chilled by the law.
Congress intended to criminalize only disclosures that “clearly represent a conscious and pernicious effort to identify and expose agents with the intent to impair or impede the foreign intelligence activities of the United States….”
Similarly, a conspiracy “to discredit Wilson for his statements critical of the White House’s use of intelligence,” another reported possible Fitzgerald approach, does not violate any law. If it did, every administration since George Washington would be guilty of a crime.
Ms. Toensing, a founding partner of diGenova & Toensing, is an internationally known expert on white-collar crime, terrorism, national security and intelligence matters.
No, she doesn't. What Victoria Toensing clearly says in that commentary is that the mere divulgence of her name was not a violation of the law, not that Valerie Plame's status wasn't covered by the law.