The NYTimes relates this morning that independent counsel Patrick Fitzgerald has indicated he has no intention of filing a final report on the Plame investigation. This has fanned speculation that he intends to file charges. However, it could simply be a reflection of the law and internal DOJ regulations, which render it questionable whether a federal prosecutor has the authority to publicize the findings of a grand jury investigation if no one is indicted. It is important to remember here that the old independent counsel statute (under which Starr, Walsh, and other special prosecutors conducted their probes) was thankfully allowed to lapse a few years ago. Fitzgerald is a special prosecutor by virtue of an ad hoc decision by DOJ in 2003. But other than operating independent of DOJ control, he remains bound by normal DOJ rules.

The Times also reports that no official action in the case is likely to happen this week.