Any case against Libby, for example, could turn largely on the testimony of New York Times reporter Judith Miller, who recently told Fitzgerald about three conversations she had with Libby in the days before Plame was identified publicly.
But Miller has said that she cannot recall key portions of their conversations, including whether Libby identified Plame to her by name. Miller's editors at the Times have recently questioned her truthfulness in reporting to them conversations she had with sources in the leak case. Those concerns could be used to attack her credibility as a witness if Libby were tried.
Any indictments would be a major blow to the Bush administration, which is suffering from a list of woes, including the growing number of casualties in Iraq and the failed nomination of Harriet E. Miers to the Supreme Court.
A decision not to pursue charges, especially against Rove, the president's longest and most trusted advisor, would remove a cloud that has been hanging over the administration for more than two years.
After appearing to focus on Libby, who is Vice President Dick Cheney's chief of staff, prosecutors this week returned their attention to Rove, quizzing a former member of the White House communications staff, Adam Levine, about his conversations with Rove at the time Plame's name became public.
Specifically, they asked what Rove had said about conversations with Time magazine reporter Matthew Cooper. Levine provided no additional information, according to a person familiar with the case. Levine was told he was a witness and had not been identified as a target or subject of the investigation.
