The theory that I am about to propound is Byzantine in the extreme and I admit is based on a fairly restrictive reading of the Plamegate evidentiary record thus far known. Nonetheless, here it is.
All agree that BushCo's response to Joe Wilson's exposure of one Bush's false claim that Saddam was attemptng to buy yellowcake was to claim that Wilson was nothing more than a partisan Democrat sent to Niger by his Democrat CIA wife, who then returns to tell a lie himself, namely that Saddam was not in the marker.
Novak, in circulating this tale, outed Plame as a covert agent, but has apparently told only Fitzgerald who his source was. Rove's lawyer is claiming that Novak called Rove before he went to press with his story looking for confirmation, and that Rove said, "Yes, I heard that, too," which Rove's lawyer is claiming is not the same thing as confirmation. Rove's attorney is also saying that Rove first heard that Plame was covert from a journalist, but doesn't remember who.
But if Rove only confirmed what Novak was already told by someone else, and if Rove had discussions about Plame with another journalist before speaking with Novak, who was that journalist and what was the point of the discussion since that journalist apparently didn't write anything?
And why is Judith Miller in jail?
Here is my theory. Rove was told that Plame was covert by Judith Miller for the express purpose of being able to say that he was not the source of the leak, but was merely passing on Washington gossip. If true, who told Judith Miller and why did Judith Miller tell Rove but not go to print herself? Perhaps it was agreed among Libby, Rove, Miller, et al, that Libby would tell Miller and Miller would tell Rove, and in this way, Rove would not be violating the law, but was merely repeating rumors "widely circulating" in Washington.
Maybe when Miller finally admits to this, she will be gain her freedom.