Last Friday, Judge Reggie Walton, the presiding judge in the Libby trial, deliberated over a case titled "SEALED v. SEALED." There is growing speculation that sealed v. sealed is Fitzgerald v. Gonzales' Deputy, Paul McNulty (Fitzgerald's direct superior).
The Wayne Madsen Report and the Chris Matthews Show have both floated the theory that Fitzgerald had secured indictments against Rove, but Gonzales --via McNulty-- came in at the last second and used his power as Fitzgerald's superior to kill the indictments.
IF, this theory is true, Fitzgerald would have likely challenged McNulty's decision in court, pointing to an earlier administrative directive from then acting Attorney General James Comey that gave Fitzerald the "authority of the Attorney General." Comey is long gone, however, and was replaced by McNulty. The question then becomes what, if any, value does Comey's administrative directive have today.
One unfortunate realty of this scenario is that if the judge sides with McNulty, we will never know what really happened, because it will remained sealed. Which, is one explanation about why Rove is acting so smug these days and why the White House has not pulled back his public schedule.