If it were definitively established that Rove did not know Plame was a "covert" agent or that her status was classifiedSince her status was not classified...
A letter from Tenet to the WH states that Wilson's wife works at the agency and that she suggested her husband for the trip. Her name is supposedly given in a box that is classified secret. She may or may not have been covert agent as required by the one statute but there are reports that her identity was classified "secret" in a classified document. Disclosing that to reporters would be illegal.