Indictment In: Five Counts Against Libby: Obstruction of Justice, Making False Statements and Perjury.

Here is the Text of the Indictment via Smoking Gun. Official version from Fitzgerald which is much easier to read is here (pdf). Libby has resigned.

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12:38 ET: MSNBC: Court is in session, grand jury is in courtroom. The grand jury foreperson has handed the materials to the judge.

ABC reports Libby's boxes are packed and he will resign after the announcement.

Update: 12:24 ET: MSNBC reports the grand jury is proceeding into the Courtroom.

Live Blogged: Russert speaks. Subpoenaed in May. On August 7, under oath, at his lawyers' office he was asked if he was recipient of leak, said no. Did he know of Valerie Plame's identity. No. Libby called him not to leak info but to complain about something he saw on television. Libby implied to Russert, Cooper and Miller that he was hearing info on Plame for the first time. Obviously the special counsel didn't believe that.

Russert's contact was solely that Libby called to complain about something on the cable news. He reported the call immediately to the head of NBC News. Russert's first learned of Plame when reading Novak's column.

As I noted earlier, the news reports on Rove are conflicting. But this statement by one "non-legal" member of his team, who I assume is the P.R. specialist Mark Carballo who signed on to Rove's team the other day, leads me to believe Rove took a deal and Fitzgerald has agreed not to announce it immediately:

A person outside the legal profession familiar with recent developments in the case said Thursday night that Rove's team does not believe he is out of legal jeopardy yet but likely would be spared bad news Friday when the White House fears the first indictments will be issued. Fitzgerald signaled Thursday he might keep Rove under continuing investigation, sparing him from immediate charges, the person said.

If they reached a deal, an Indictment is not necessary. A defendant can waive the right to be charged by Indictment and plead to an Information which is filed by the prosecutor. It's an ordinary occurrence in my district.

Reddhed at Firedoglake called the D.C. District Court Thursday and was told the Plame grand jury is a regular grand jury, not a special grand jury. There are umpteen media articles reporting it to be a special grand jury. Perhaps they made that assumption because Patrick Fitzgerald is a special counsel in the investigation.

Fitzgerald in this pleading(pdf) filed with the court said the grand jury was extended six months in late May, 2005 and will finally expire in October. So Friday is its final day. Special grand juries can be extended in six month increments for a total of 36 months. Regular grand juries can only be extended six months, to a total of 24 months. Rule 6(g) of the Federal Rules of Criminal Procedure:

The New York Times reports that Libby likely will be indicted but Rove will remain under investigation and Fitzgerald will extend the investigation. The Wall St. Journal (free link) has similar information.

The Washington Post reports Fitzgerald won't extend the investigation, and Rove still fears being indicted.

How can both be true? One possibility is that all indictments but Rove's were voted on and filed with the Court on Wednesday, and Fitzgerald agreed to wait until tomorrow to make a decision on Rove.

But I just don't see Fitzgerald extending this grand jury.

The Washington Post reports Scooter Libby is shopping for a new lawyer. That's not surprising, and I don't mean that as a poor reflection on Joseph Tate.

Joseph Tate is not primarily a trial lawyer. This happens frequently after Indictments. Tom DeLay added Dick DeGuerin, one of the country's best trial lawyers, after it became clear he was going to get indicted.

Here are my recomendations to Mr. Libby and anyone else in indicted by Fitzgerald:

• Roy Black, Miami
• John Keker, San Francisco, California
• Mike DeGeurin, Houston

As I reported earlier, UPI reporter Richard Sale blogs that Rove has turned down a plea deal and the source the leak of Valerie Plame's identity to Lewis Libby was not Dick Cheney. Sale says it was a call from Bolton's office at the State Department - probably David Wurmser or Fred Fleitz. Flietz is on leave from the State Department.

For more information on Fleitz, check out these posts by:

• Empty Wheel
• Steve Clemons at Washington Note
• Kevin Drum at Washington Monthly.

Here's a copy of Fleitz's testimony at the John Bolton nomination hearing (pdf).

We all know that Fitzgerald is a secretive guy, and it's to his credit that leaks haven't been coming from him or his office.

But has anybody noticed there has been no news and no leaks from anyone since yesterday -- actually since Tuesday. The only reporting in the media has been speculation on Fitzgerald's timeline and plan.

Given how the lawyers for those most likely to be indicted have used the media to spin throughout this investigation, I suspect there is a covert plan in place by the Administration that silenced everyone, so there could be a choreographed response tomorrow.

If Bush or Cheney didn't impose a silence order with some serious repurcussions attached for those who broke it, there would have been statements galore today by lawyers for those about to be indicted. They would have announced their clients have decided to fight the unwarranted charges that will be filed against them. They would have prepared the public for the specter of their clients being brought into federal court as defendants. If they had turned down Fitzgerald's plea offers, they wouldn't care a whit what he thought about them talking. Their PR machines would be out in full force.

The Washington Note issues a correction: Special Counsel Patrick Fitzgerald has not extended his lease.

Tomorrow, the fat lady sings.

Reddhed at Firedoglake has posted a terrific primer on grand juries explaining extensions, sealed indictments and much more.

As to plea offers in the works in PlameGate, there are two components: the charges and sentencing concessions. Fitzgerald and defense lawyers are busy today trying to reach deals. The charges are of less importance to the defendants at this late hour than the sentencing concessions Fitzgerald is offering.

By this time, major players like Karl Rove have accepted that any deal will include a felony conviction. Right now, the critical issue is whether they can avoid jail.

I'm imagining this brief conversation late tonight between Scooter Libby and Dick Cheney (courtesy Bob Dylan):

When your rooster crows at the break of dawn
Look out your window and I'll be gone
You're the reason I'm trav'lin' on
Don't think twice, it's all right

Will he do it again tomorrow? CNN reports Fitzgerald is focused on perjury.

I think:

• the charges were submitted to the grand jury yesterday but no vote was taken.
• Final plea negotiations will take place today.
• The grand jury will do its final vote tomorrow. Those that didn't accept Fitzgerald's offer may face additional counts.
• An announcement will be made tomorrow as to both indictments and plea agreements
• This grand jury will be released.
• A different grand jury may be assigned in the future to investigate related issues that go beyond the leak of Valerie Plame's identity and the coverup.