<<In fact , if the victim of this process , Scooter Libbey, had not known that he was discussing a covert agent , as apparently he didn't ,then he is innocent , entirely.
<<It is not a minor detail that the judge seems to have known that there was no intent to expose a covert agent.>>
Well the minor detail that you seem to have overlooked was that Libby wasn't charged with exposing a covert agent. So your whole point is irrelevant.