During the press conference, Fitz answered that questoin at least three different times. He said that he could not determine whether a violation of that statute occured because he needed to know what Libby knew and what his intent was. Libby's lying over about when he knew and what he knew made it impossible for him to answer the central question.
That is total BS. A phone call to the CIA would have sufficed to determine if Plame was covert. And a simple reading of the law in question would have determined if it was a crime.
Instead, Plame's employment is referred to as "classified" instead of covert, Fitz himself cut off any questioning of Miller that might have led back to the CIA, and Fitz pulled a fast one when he said Plame's employment at the CIA was not widespread knowledge. Nice weasel-words, widespread. Does that mean that a majority of people need to know Plame's status to reach that threshhold? Or just a couple hundred players?
Do you have a link to the press conference transcript?