No DeLay indictment after all?

CBS's David Paul Kuhn quotes "an official involved in the investigation" as saying he thinks a DeLay indictment is unlikely and that DeLay's lawyers already know that.

Material further down in the article suggests that while DeLay was "kept aware" of illegal activities being committed on his behalf that the investigators have not been able to uncover evidence that DeLay "acted to promote" the illegal activity and they haven't been able to uncover sufficient evidence of that.

This does raise an interesting question. DeLay may be a crook, but he's no fool. If he and his lawyers had any confidence he wasn't going to be indicted I find it hard to believe they would have gone to the trouble of such a self-inflicted black-eye as the DeLay Rule predictably turned out to be.