Fitzgerald has a good reputation, and the calculus for him may well be balancing, on the one hand, the danger to his reputation by bringing indictments on a conspiracy charge that may turn out to be seen by the public as indicting a ham sandwich, with, on the other hand, trying not be become persona non grata in the Dim party.
So I guess I'm still thinking he'll go with a report criticizing Rove and Libby, but stop short of indictments, as an attempt to satisfy both sides.
You know, it's possible that these leaks from his office as to bringing a possible conspiracy charge are essentially a "weather balloon" by him to see how such charges would play to the public.
As I understand it, the leaks are not coming from Fitzgerald's office, but from lawyers "close" to the case.
"According to an October 24, 2001, press release (http://fitzgerald.senate.gov/usattorney/confirm-patfitz.htm) by U.S. Senator Peter Fitzgerald (R-IL): "Patrick J. Fitzgerald, 40, began his prosecutorial career in 1988 by handling significant drug trafficking cases, and prosecuting major heroin smuggling rings. In 1993 he and another lawyer prosecuted, and won convictions against, John Gambino, a capo of the Gambino Crime Family and three other members of the Gambino Crime Family crew for a variety of charges, including murder and racketeering.
"In June of 1994, he became counsel in the prosecution of the 'blind sheik', Omar Abdel Rahman and 11 other defendants, who were accused of a seditious conspiracy involving the bombing of the World Trade Center and a plot to bomb the United Nations, the FBI Building in New York, the Lincoln and Holland Tunnels, and to assassinate President Hosni Mubarak of Egypt. The nine-month trial resulted in convictions.
"The following year, Fitzgerald was named Co-Chief of the Organized Crime and Terrorism Section of the Office of the United States Attorney for the Southern District of New York. Shortly thereafter he became National Security Coordinator for the Office. In these capacities, he was responsible for supervising the investigation and development and prosecution of the case against Osama bin Laden. He was the chief counsel in the prosecution of those alleged to have perpetrated the bombings of the U.S. Embassies in Nairobi, Kenya and Dar Es Salaam, Tanzania."