Wotan-
I just visited the DOJ website, here: http://www.usdoj.gov/usao/iln/osc/documents/libby_indictment_28102005.pdf
and, again, (in Count I) paragraph 27, are the 1st 2 , original specifications. Here,slyly again, Fitzgerald has glossed over the fact that in his Dec 30, 2003 letter from Comey, the last 3 charges were absent. He had to go back to his good friend, Comey, to get an expanded investigation
into those last 3 specified charges (false statements, etc) which he received on, I believe, Feb 6, 2003.
#1. The CIA has only an obligation to take "affirmative action" to conceal Plame's identity, which they did when they sent her abroad as an employee of Brewster-Jennings rather than as an employee of the CIA. That they were sloppy in their concealment in other areas may not matter. That sloppiness is shocking, but it doesn't mean they weren't trying to conceal her identity from, say, Aramco, nor does it imply that they were unsuccessful in doing so. Nor does it mean that Libby wasn't releasing her name in an attempt to punish Wilson for his comments on Niger.
#2. Not only were the last 3 charges absent from his original letter, even the first two were absent. I don't think Fitzgerald was being sly. I think he was just being a normal, competent prosecutor asking for clarification of Comey's original letter, which seems surprisingly nonspecific to me.