At his press conference Mr. Fitzgerald said

It's critical that when an investigation is conducted by prosecutors, agents and a grand jury they learn who, what, when, where and why. And then they decide, based upon accurate facts, whether a crime has been committed, who has committed the crime, whether you can prove the crime and whether the crime should be charged.

...That's the way this investigation was conducted. It was known that a CIA officer's identity was blown, it was known that there was a leak. We needed to figure out how that happened, who did it, why, whether a crime was committed, whether we could prove it, whether we should prove it.

"[W]hether the crime should be charged."

"[W]hether we should prove it."

You should pay particularly close attention to this last step in the analysis. Because we're talking the 'highest' level of government here. Given the events of the last five years I can easily think of a situation where, though a crime was committed, we know who did it and can prove it, a lot of folks would say it's best not to charge the crime.

FITZGERALD: And as you sit back, you want to learn: Why was this information going out? Why were people taking this information about Valerie Wilson and giving it to reporters? Why did Mr. Libby say what he did? Why did he tell Judith Miller three times? Why did he tell the press secretary on Monday? Why did he tell Mr. Cooper? And was this something where he intended to cause whatever damage was caused?

Or did they intend to do something else and where are the shades of gray?

And what we have when someone charges obstruction of justice, the umpire gets sand thrown in his eyes. He's trying to figure what happened and somebody blocked their view.

I've heard several commentators wonder just what was on Mr. Libby's mind when he lied, knowing he'd turned over notes that contradicted his own testimony. I'm wondering if we're supposed to forget that we know for a fact that Rove lied to the Grand Jury, that he needed three more tries to get it "right." I think we all know Libby is taking a dive.

Rove and Libby. And you know Cheney was in the mix...so are we to believe Bush wasn't?

To find the President that launched a war of aggression was involved in a whisper campaign to discredit punish legitimate dissent would be really bad for the USofA. It would be more than enough reason to choose not to prove a crime...personal responsibility be damned.