“Fitzgerald [no relation — FmH] knows that Rove is involved, and that he probably has enough to indict him, but he figures doing so will bring the full force of the White House down on him, potentially closing down his entire effort (i.e fire him, replace him with someone more amenable, a la Nixon’s Saturday Night Massacre — and without a Congress controlled by the Democrats, Bush has even more freedom to act in that manner than Nixon did).

So, if Rove’s not going to be indicted, how to utilize Rove? Unindicted co-conspirator? Could be, that might slip by without massive retaliation (real retaliation — there will still be a propaganda fusillade from the right).

In the meantime, Fitzgerald knows Rove’s in the shit, and Rove does too, so Fitzgerald figures he can use Rove to get more information to firm up his prosecution of Libby and whoever else is going to be indicted. He sends Rove a letter, tells him that his testifying doesn’t mean he’s not going to be indicted, thereby keeping the pressure on. Rove’s lawyer, presumably, also knowing his client is hip-deep in it, tells him that the one chance he’s got not to be indicted is to testify again and give Fitzgerald what he wants.”