This situation leaves the White House impotent - and leaves Rumsfeld an official fugitive from justice.
Of course, the honorable thing would have been to INSIST that the matter be resolved before a court. But under Napoleonic Law, you have to establish your innocence, rather than our system, where the prosecution has to prove your guilt.
I can understand why Rummy might prefer a venue with different standards.
A FISA court, for instance.