The only "status of Plame" he needs in order to show false statements and perjury is "LIBBY was well aware that Wilson's wife worked at the CIA." So reads the indictment.
The very fact that the prosecutor is stone walling on documentation from the CIA indicates a problem for the prosecution. It may indicate that the prosecutor knew that there was no crime and that he proceded with trying to trap someone in the administration.
The prosecution certainly can't bring, let alone convict on a "leak" case with what it has, that's for sure. But this isn't a "leak" indictment.
The defense is trying to make it into a leak case though, in order to make the entire affair more confusing and increase the chance of confusing the jury. Fitzgerald is trying to keep the case narrowly on the question of false statements, which is what Libby was indicted for.
The papers and cross motions filed to date show no hint of Libby's defense team intending to bring prosecutorial misconduct, or that the sole purpose of the investigation was perjury trap. I think that charge could be made with a straight face, but it's really uphill, and doesn't clearly excuse misleading investigators, any more than it excused Miller and Cooper from providing testimony to the GJ.
No, but it is partisan prosecution, where the prosecutor asked for more time to investigate a non-existent case, and now refuses to give up documentation that would prove that the case should have ended before it began.