An expert cautioned that empaneling a new grand jury is no guarantee that Ray will seek an indictment. The two other judges, Peter Fay and presiding judge David Sentelle, ruled the office should continue. On Wednesday, all three judges were in agreement. Keith Ausbrook, senior counsel to Ray, declined comment about any grand jury activity, which is kept secret by law. The e-mail probe focuses on whether the White House concealed thousands of electronic messages sought by investigators.
Presidential aides deny wrongdoing.
The prosecutor declined to bring criminal charges in either case. CNN Correspondents John King , Bob Franken and Patty Davis and The Associated Press and Reuters contributed to this report.