He decided on Option #3.
I posted this earlier:
Justice Rules Requires Fitzgerald to Throw Out Libby Indictment: Jed Babbin says to John Batchelor
This comes in the wake of the Woodward revelation that a former administration official discussed Plame/Flame with Bob Woodward before Libby ever spoke to a reporter. Also, that Woodward can not recall if he revealed the information to Libby.
I am paraphrasing what I heard on tonight's John Batchelor Program during the 10:30 p.m. to 10:45 p.m. EST time slot on 770 WABC here in New York.
Keep in mind that the last time I posted iformation from this program it was regarding John Fund saying Harriet Meirs Harriet Meirs nomination will be pulled. My post was two weeks before it actually happened.
FYI: I just heard Jed Babbin, a contributing editor for The American Spectator, say that Justice Department rules will force Fitzgerald to throw out the Libby Indictments. The Justice Department rule in question states that a prosecutor under juristdiction of the Justic Department can not proceed with an indictment if that prosecutor finds that facts material to the indictment are proven to be false in a continuing investgation by the prosecitor after the indictment was handed down.
Options Given By Babbin:
Either, 1)He throws out the indictment or it will be thrown out for him by a judge.
2)If he's stupid, he takes it to trial only to lose. Or.
3)He must start from scratch with a new Grand Jury with Justice Department permission that may take years to reinvestigate everyone and their mother.
Will be interesting to see if Fitzie obeys the law.