And that DOJ referral contends that she was covert.
It is uncontested that she was at some point. But it is contested, by at least 36 media outlets, whether she had any covert status that would support a violation of 50 USC 421 et seq by anybody, in 2002.
March 23, 2005 Amici Brief of 36 News Organizations
That brief also describes the CIA referral to the DOJ, but does not contain a copy of it.