The only conclusion one can make about McClellan's disclosure is that he had already told that to the grand jury.  And Fitz's failure to release McClellan's grand jury testimony seals the deal.  Furthermore, Fitz did not put either Bush or Cheney under oath.  In 2004, Fitz may have owed them some loyalty.  Given the recent U.S. Attorney firings, he needs to "come up to the plate" to save his reputation.  For his own professional integrity, he should not run out the clock.  He must either resign or indict Cheney.  

The statute of limitaions is 5 years for federal crimes. I believe that a sitting VP does not have the sovereign immunity that Presidents have.  At a minimum, Cheney should be an unindicted coconspirator because there is no doubt that Bush is going to pardon him and many in his administration. 

Ex-Press Secretary Blames Bush in Leak
By MATT APUZZO,
AP
Posted: 2007-11-21 11:18:37
Filed Under: Politics News
WASHINGTON (Nov. 20) - Former White House press secretary Scott McClellan blames President Bush and Vice President Dick Cheney for efforts to mislead the public about the role of White House aides in leaking the identity of a CIA operative.

In an excerpt from his forthcoming book, McClellan recounts the 2003 news conference in which he told reporters that aides Karl Rove and I. Lewis "Scooter" Libby were "not involved" in the leak involving operative Valerie Plame.

"There was one problem. It was not true," McClellan writes, according to a brief excerpt released Tuesday. "I had unknowingly passed along false information. And five of the highest-ranking officials in the administration were involved in my doing so: Rove, Libby, the vice president, the president's chief of staff and the president himself."