No. I would summarize the footnote as that "If we assume Plame is covert under the statute, that alone isn't enough to convict Libby under the 'outing the covert agent' statute. We would also have to find that Libby knew or believed that Wilson's wife was engaged in covert work, and we have no evidence of that."
In other words, as of August 27, 2004, Fitz wasn't planning to charge Libby with outing the agent.
While interesting, the fact is a distraction from the actual charge, which is "Libby lied to investigators by concealing that he knew for a fact that Plame worked for the CIA."
Thank you for the explanation, Cboldt.