"We remain firmly convinced of Mr. Libby's innocence," Libby attorney attorney Theodore Wells said. "However, the realities were, that after five years of government service by Mr. Libby and several years of defending against this case, the burden on Mr. Libby and his young family of continuing to pursue his complete vindication are too great to ask them to bear."
Wells cites that inevitability of a re-trial if Libby were to win -- a re-trial would likely be ordered by an appellate court, but the decision to proceed would be the prosecutor's. Special Prosecutor Patrick Fitzgerald has said the leak investigation is closed.
It does make one one wonder: why pay for something that is a cheap imitation of pardon?