The guy said plainly that the reason he didn't bring an 'outing' charge is that he couldn't reasonably make a determination whether the - read this part carefully - revelation of CLASSIFIED information about Plame's employment was intentional, inadvertent, etc. And he said plainly that one of the reasons he couldn't make that determination is because Libby constructed a cover story to hide what actually happened.
A prosecutor with less restraint could take two little pieces - the 'non-secure phone' comment and the need to lie to cover-up what happened - and fairly make the argument that Libby INTENTIONALLY revealed the classified information.
But "classified" is not covert, and according to the guy who helped author the '82 (?) law I heard on WBAL interview yesterday, plainly said this law could in no way be applyied to this case as well as Fitz himself stated, his investigation concluded NO ONE OUTTED A COVERT AGENT...
There is no way on the face this earth she could have been outed! Fitz knew this, so his Classified comment was B.S.