I also think he threw in that gratuitous reference about emails being lost or destroyed precisely to get the subject changed in the media from his own incompetence to a White House "coverup." He can lay low and keep drawing a paycheck while the White House tries to handle a sh*tstorm about destruction of evidence. And any potential jury will be poisoned against Libby and the White House.
As a layman, I don't think that the case will be tossed, but the judge will set the bar so high for Fitz he can't possibly reach it. So we will see if Fitz' ego will permit him to admit defeat. I think not.