WHIG conspiracy, again

* jeralyn notes a possible change in the coverage about Leopold. Olbermann gave him a shoutout.

* someone asked jeralyn:

"Any chance Fitzgerald is building on a broad conspiracy indictment that will sweep up most of the WHIG'ers? It sure sounds like he has the evidence to make the case for a broad WH conspiracy. He said as much in his recent filings, didn't he?"

jeralyn responded:

"I'd say that is a distinct possibility. He could indict seriatum and keep them sealed until he is done, using grounds that the investigation is continuing and even the high publicity factor of the case (check DiSalvo case out of 3rd circuit) or he could bring multiple indictments to the grand jury at the same time.

But, according to Rove's lawyer, Fitz is still pondering what to do with Rove.

Maybe he won't get indicted and others will. Too soon to tell."

she continues:

"Re: DiSalvo, Case is US v. DiSalvo, 34 F.3d 1204 (3rd Cir. 1994) It's a very long opinion, but the sealing stuff starts in headnote 10 (lexis version)

Basically, two were indicted in mob case, one of them, Simone was a lawyer. Both get convicted. The codefendant, DiSalvo appeals and says the indictment was improperly sealed as to him.

The indictment had been sealed not because they were flight risks, but to avoid publicity and because the investigation was ongoing. Simone had been in another trial when the indictment came down and they didn't want to announce it until his trial was over, which was expected to last four months. Simeone was told of the indictment and agreed with the decision to seal it.

I'm not saying this case is similar to Rove's just that if the Government wanted the indictment sealed the court can grant the motion for any number of reasons, including the high media interest in the case and an ongoing investigation. And even though sealed, the government can request an exception to tell the defendant.

It's not a D.C. case, but I thought it was interesting and worth mentioning."