[fedupjohn]

That is why perjury has never required proof of an underlying crime.

I agree with your statement. My contention is that the questionable statement has to be material to the investigation.
He Fitzgerald was charged with finding out who leaked a covert agents name, why because leaking a "covert" agents name is a crime.
His first step is to find out if Plame was a covered "covert" agent, if she was not, investigation is stopped, Period.
That is all I'm saying.

[Cboldt]

His first step is to find out if Plame was a covered "covert" agent ...

His letters to defense counsel indicate that this was not his first step.

In fact, from the top down (President, CIA, DoJ), the "official" status of Plame remains uncertain.

Strikes me as weird too, FWIW. If there is a case for malicious prosecution, Miller could have brought the charge too - she was in jail for refusing to testify.