"The CIA had to assert that Plame was covert in order for there to be an investigation in the first place."
There's any number of things the CIA could allege that would get an investigation started. It would be very easy for a CIA attorney to figure out whether Plame was "covert", as of July 14th, 2003, or not. All they would have to do is look at the statute.
The fact that no one is being indicted under this statute suggests that Plame was not a "covert" agent, as that term is used in the statute.
Exactly. Tell that to homer...............(he's confused by the Washington Post propaganda).