At the risk of muddying the waters further, it actually is true that traits can never be outwitted. However, a trait can give you possession of something that can be countered.

For example:
Batman and Green Arrow have a trait that says, "Batman and Green Arrow possess the Sharpshooter ability." Because this grants possession of the Sharpshooter ability, you can counter Sharpshooter, but doing so does not counter the trait.
I agree. He can use Steal Energy from the Gem if he can't already.
If he can already use it, that's what he has to use.