"The 'she was not covert' argument requires one to believe that the CIA made a criminal referral with no basis, that DOJ opened an investigation with no basis, appointed a special prosecutor to pursue a case with no basis, maintained a GJ investigation with no basis, etc. Could be, but Occam's Razor would argue against this line of thinking."
I would not be the least bit surprised that the CIA "made a criminal referral with no basis" -- for the same reason they let Joe Wilson do an "investigation" without signing a standard non-disclosure agreement. There is quite clearly a rogue element within the CIA that is hostile to Bush.
As for the DOJ, they just did what they were told by Bush. And Bush appointed the SP because he was afraid of being perceived as covering up a crime if he did not. Bush probably figured that he and his administration would ultimately be exonerated. He acted in good faith, but the SP did not. The SP took advantage of the situation to stab the Bush administration in the back.
Color me skeptical.
It would also be inconsistent with everything Fitzgerald has done in his reported career. I know a bunch of folks around here like to slag on him about this case, but his record prior to this case reveals nothing but a thorough, stand-up prosecutor. There is no reason prior to this case to think he is a Bush-hating case-manufacturing moonbat, but that is exactly the picture that most here paint of him.