The die was cast by John Bates’ exploitation (and to some extent contortion) of glaring and gaping holes in the pleading by Plame/Wilson. It is a shame, but especially in light of the subsequent Iqbal decision, there is no way to credibly call this a cover up. This case was over when it started.
But, as RawStory points out, it means Valerie Wilson will never get her day in court against the men who deliberately ruined her career in government service because she and her colleagues had proof of the Administration’s lies.
So unless Bob Novak has an illness-induced desire to come clean about what really happened in the leak–including the real details of the long-hidden conversation Novak had with Scooter Libby on July 9, 2003 (probably including Plame’s name and exact role in Counter-Proliferation, as well as still-classified details from Joe Wilson’s report to the CIA), or unless Scooter Libby gets tired of being a quiet felon, the only way we’ll find out the rest of the details of the case will be if Judge Sullivan orders Cheney’s FBI interview materials released. And even then, I think they won’t surprise any long-time reader of this site, though they might surprise the traditional press.
In that, the CIA Leak case feels like the rest of the Bush-Cheney tenure: it left the country far less safe, but no one will ever be held accountable for it.
Look on the bright side, though. Scooter Libby hasn’t gotten his inevitable Republican-as-felon radio show, yet.