He has to be inaugurated before he can do this -- a president-elect does not have the Constitutional power. Fitzgerald may wait until after Election Day in order to avoid charges of influencing an election, but there are still many days between November 5 and January 21.
and many days of rioting....
Fitzgerald is a federal prosecutor, and under the Clinton precedent, look for B. Hussein Obama to fire all federal prosecutors the day he is sworn in. (This applies to the political appointees, not the lower level career prosecutors who are civil service and not replaced when the administration changes.)
If, by some remote chance, Fitzgerald has the goods on BHO, he had better get an indictment before 20 January 2009.
Jack