It would change the motive. If Plame was in fact covert, and Libby knew her status was "covert agent," then Libby doesn't want to be admit braking the "out the covert agent law."
But he may feel just as much urgency under any one or combination of motives I hypothecized in #14, above. In short, absence of "covert status" does not result in "absence of reason to lie to investigators."
It doesn't entirely knock it out of consideration--but add that to the rest of his request--documentations that dawn to dusk he worked on far more critical national security matters which were classified--the case against him looks weaker and weaker, and I think his request will be granted.
Then add to the mix the bias of the reporters and evidence he has sought that they knew about Plame before he did,that there own testimony has mack truck size holes in it, and I wouldn't give good odds for his being convicted.
So you posit that (a) Fitzgerald also didn't know whether Plame was or was not "covert" according to the Identies Act, and (b) if she was not, that he should have continued investigating a crime which didn't exist?
That's rich.