Mark, if it were the crime of the century, he would have charged it. If he has sufficient evidence but has opted not to charge, that is forebearance. If the decision not to charge is conditional on continuing cooperation, it would be dishonest to announce that there would be no charges before the cooperation was complete.
I’d be inclined to agree with you — and I still might — if NO ONE was being charged here or if, when we finally get a look at whatever charges are issued, it is so obvious that Rove had nothing to do with this that it is worth asking why in the world Pat can’t make up his mind.
I also completely agree that there’s no reason you or anyone else should applaud just because I happen to like Fitzgerald and think he’s doing a good job. We may, in short order, have a lot more information, and it may raise the very legitimate questoin — which you’ve raised singularly well — why the Justice Department did not close this investigation down at the preliminary stage, without appointing a special prosecutor, if it was apparent that there had been no provable violation of the agent identity protection act or the espionage act. My only point right now is that I don’t see how a prosecutor could ethically tell Rove he is out of the woods if, in fact, he is not.