Would that be in Fitgerald's domain to prosecute?
It would all depend on what he has found out in his investigation with the grand jury
Though I would not count on that
Something else I found, in an article about this particular case, which has probably been covered here but is interesting to repeat:
Anyone who's subpoenaed in the inquiry, noted the lawyer, can be almost certain that prosecutors aren't contemplating indicting him or her. Subpoenas are rarely sent to the targets of an investigation, and if they are, the recipients must be told in advance that they are considered targetsat which point they would almost certainly cite the 5th Amendment and refuse to answer questions. Link
Something else I found, in an article about this particular case, which has probably been covered here but is interesting to repeat:
Anyone who's subpoenaed in the inquiry, noted the lawyer, can be almost certain that prosecutors aren't contemplating indicting him or her. Subpoenas are rarely sent to the targets of an investigation, and if they are, the recipients must be told in advance that they are considered targetsat which point they would almost certainly cite the 5th Amendment and refuse to answer questions. Link