NY Times: Karl Rove, Lewis Libby Likely Cleared on Leakgate Charges

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Special prosecutor Patrick Fitzgerald has likely decided not to indict top White House aides Karl Rove and Lewis "Scooter" Libby based on allegations they "outed" CIA employee Valerie Plame, lawyers close to Fitzgerald's Leakgate investigation have told the New York Times.

Instead, the paper said, conflicting accounts given by Mr. Rove and Mr. Libby have been the focus of Mr. Fitzgerald's probe "almost from the start" - raising questions about whether the respected prosecutor continued his investigation after determining that no underlying crime had been committed.

It's not clear whether Fitzgerald believes that Rove and/or Libby had indeed violated the 1982 Intelligence Identities Protection Act, but couldn't prove his case. Or whether he realized early on that the law didn't apply to Ms. Plame, who doesn't qualify as a covert agent because she hadn't served abroad within five years of her "outing."

Instead, the Times said: "Among the charges that Mr. Fitzgerald is considering are perjury, obstruction of justice and false statement" - raising speculation that the Leakgate case may devolve into a Martha Stewart-like prosecution, which drew howls of derision from legal critics.