The New York Times reports in Wednesday editions that sources familiar with the Leakgate investigation say that Special Prosecutor Patrick Fitzgerald has decided not to issue a final public report - a move that the Times claims heightens the "expectation that he intends to bring indictments."
But according to former Independent Counsel Joseph DiGenova, Fitzgerald's decision not to issue a report is meaningless - because the law forbids him from doing so.
Asked Sunday whether he thought the Leakgate prosecutor would issue a report on his nearly two-year-old probe, DiGenova told ABC's "This Week": "He's not legally entitled to do so. He cannot issue a public report."
Sounding disappointed, "This Week" host George Stephanopoulos insisted: "Well, [he can] if the court says he can."
Once again, DiGenova set the record straight, explaining that Fitzgerald would "have to get a very special court order which is rarely granted."
Even Democratic lawyer Richard Ben-Veniste, who was also on 'This Week," said he agreed with DiGenova that Fitzgerald cannot legally issue a report.
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