In mid-September, with Miller having been in jail for more than two months, further negotiations involving Fitzgerald, Tate and Miller's lawyers, including Bennett, took place. The result was the Sept. 15 letter from Libby to Miller, in which he again told her that he wanted her to testify. But the letter included this sentence: "The public report of every other reporter's testimony makes clear that they did not discuss Ms. Plame's name or identity with me."

Bennett said the sentence "was a very stupid thing to put in a letter," and though he would notsay it was another possible attempt to steer her testimony, "it was a close call and she was troubled by it."

According to Miller's first-person account, Fitzgerald asked during her grand jury testimony about Libby's letter. Miller said, "This portion of the letter had surprised me, because it might be perceived as an effort by Mr. Libby to suggest that I, too, would say that we had not discussed Ms. Plame's identity." But she added that "my notes suggested that we had discussed her job."

So... Rove AND Libby were talking about this CIA agent being an agent... but its only a crime if they willfully harmed the USA by doing so?