You can't have it both ways.
The idea that a fact should be ruled irrelevant in the trial phase, then all of a sudden become critical in the sentencing phase, is inane.
The Left, which was counting on security felonies for the Bush administration, was screwed the second the investigation ended with a whimper: the perjury indictment of Libby. I'm still amazed at how long they've managed to keep dragging this out. Fitzgerald got the scalp he needed to keep him from looking like a dork, and the CIA got its ass covered.