It's the "no crime" defense to giving testimony (in the case of Miller, Cooper, Russert, et al), and to giving false testimony for Libby.
Miller didn't pursue that defense, although the 36 media outlets did in their amicus brief. Libby may pursue it in the form of prosecutorial misconduct; but that's still a tough mountain to climb as a matter of giving false testimony.
Okay....I am really at the point where Libby isn't the point..if he lied...he was stupid...but he shouldn't be disciplined any harder than Sandy Burglar was...
BUT, this becomes a matter of setting the record straight...
BTW...Chrissy Matthews had on John Fund and a guy from C--span talking about the NEW charge of the media and dems being manipultated...
the guy from C-span said that the problem with THAT tactic, is that is shows the media and dems as weak and ignorant and easily manipulated...which puts them in a position of "weakness"....LOL loveit!!