"Fitz knows it's bogus. That's why he uses the characterization that "her affiliation with the agency was classified." It's a much broader, vaguer term. Notice that NO WHERE in the indictment is there any allegation that Libby violated either the 1917 or 1982 laws. Only that he lied about talking about Plame. If you read between the lines, Fitz is admitting that her status is ambiguous. No mention of "covert status"."
You're right. This prosecutor is counting on the fact that most of the public is too stupid to understand that these indictments have nothing to do with the actual charges that required the special prosecutor in the first place.
Yes Fitz knows its bogus. That's why he didn't indict on the underlying charges. But he has to put it in the indictment, because Libby's motivation to lie was that he thought he was committing the underlying offense. Or at least worried enough about it to lie.
As Rush says when he mocks the Left: "It's not the nature of the evidence, it's the seriousness of the charrrrrge."