I think he can explain it.
Addressing deficiencies of proof regarding the Intelligence Identities Protection Act, the special counsel refers to Plame as "a person whose identity the CIA was making specific efforts to conceal and who had carried out covert work overseas within the last 5 years" -- representations I trust the special counsel would not make without support. (8/27/04 Aff. at 28 n.15.)Judge Tatel in the appeal Miller and Cooper took, as they asserted reporter/source priviledge.
http://pacer.cadc.uscourts.gov/docs/common/opinions/200502/04-3138a.pdf
That phrase is in a recently unredacted portion of the Court's opinion. All of the unredacted material is at ...
http://www.freerepublic.com/focus/f-news/1571203/posts?page=9#9
Isn't that one of the things he claimed his office had never sought?
On the question of Wilson's status, Fitzgerald wrote, "We have neither sought, much less obtained, 'all documents, regardless of when created, relating to whether Valerie Wilson's status as a CIA employee, or any aspect of that status, was classified at any time between May 6, 2003 and July 14, 2003.'"