Fitzgerald will claim that Plame's status was not pertinent to Libby's alleged perjury (which they'll say is a standalone matter), and protest the records acquisition.
Libby's attorneys will then assert that if Fitzgerald knew of Plame's actual status only weeks after being appointed - which he would have without question - then there would have been no need to continue his investigation.
"Fitzgerald will claim that Plame's status was not pertinent to Libby's alleged perjury (which they'll say is a standalone matter), and protest the records acquisition."
Doesn't the perjury have to concern a matter that was "material". Can't Libby say that if Plame wasn't a covert agent, then anything that he may have said to investigators, even if it was a lie, was not material and thus there is no crime. Just throwing that out there for discussion.