Getting Ready for the Long Haul

I'm not sure I'm buying it.

I'll be proven right or wrong on this by Friday, but as far as I can tell the only evidence we've seen in the last 48 hours that Fitzgerald is wrapping up his investigation is assumptive phrases in the press about how Fitzgerald is "wrapping up his investigation."

Of course, the grand jury expires on Friday, and we've long entertained the notion that there would be three possibile outcomes by October 28th: that there would be indictments; that there would be no indictments; or that Fitzgerald would seek an extension of the grand jury to continue his investigation.

But there's a false choice in those options, for there is a possibility that Fitzgerald could issue some indictments and request a new grand jury be convened to continue with the investigation.

Think of it this way. A prosecutor building a burglary case finally wins the confession of the suspected burglar. But in the confession he learns of a larger ring of burglars that he suspected existed but couldn't yet prove. What does he do then?

As Mary Ann Akers writes in Roll Call, on reports that Fitzgerald visited Luskin (Rove's lawyer) today: "The rumor floating around Patton Boggs Tuesday was that there “may” be no indictments this week because Fitzgerald “may” need to seek an extension from the presiding judge to wrap up his investigation of Flamegate (or Plamegate for those of us who aren’t Judy Miller)."

Then there's the LA Times report that Fitzgerald is only now turning his attention to Rove.

Perhaps the rumor floating around Patton Boggs is correct, just as the Financial Times story that indictments are coming down tomorrow is almost undoubtedly correct. It could well be that the indictments coming down tomorrow will focus on Libby and others, while Fitzgerald may need an extension to shore up his case against Rove. And possibly others.

After all, this is a meticulous prosecutor who builds very strong cases. And strong cases-- especially against multiple individuals-- can take a long time to put together.

This also isn't a prosecutor who just lets things go because the clock has run out.

If, as many have suggested, Libby or others only recently flipped under the sort of pressure that only dreams of prison can produce, their cooperation could open up new avenues that have been previously closed to Fitzgerald.

Is it really likely that Fitzgerald, upon seeing those new avenues, would simply look at his watch and declare, "Oh well, too bad-- the hour is getting late?"

Or would he be more likely to wrap up the indictments he's been working on and then go to the judge and say, "There are some new revelations in the testimony that warrant further investigation?"

As I suggested below, it could be that Fitzgerald is going to both bank a few indictments this week and continue with the hunt.

It is, at the least, a possibility. A sort of indictment Hannukah, instead of Fitzmas.

We'll know for certain in the next 48 hours.