We must read carefully what we know and not infer anything we don't.
First, From the NY Times (
http://www.nytimes.com/2006/06/13/washington/13cnd-leak.html?ex=1150430400&en=6c9c3d0dee8c5881&ei=5087%0A):
Mr. Fitzgerald announced in a letter to Mr. Luskin on Monday that he would not indict Mr. Rove, who had testified on five occasions to a federal grand jury about his involvement in the disclosure of an intelligence officer's identity.
Second, From the University of Dayton, School of Law on Grand Juries (
http://www.udayton.edu/~grandjur/fedj/fedj.htm):
If a defendant waives his or her right to be indicted by a grand jury, the prosecutor can charge them by using an "information." An information is simply a pleading that accuses the defendants of committing crimes, just as an indictment does. The difference between an indictment and an information is that a grand jury must approve an indictment, while a prosecutor can issue an information without the grand jury's approval or, for that matter, without ever showing the information to the grand jury.
So, if we take what we know, and given the fact that there is no comment from Fitzgerald's office on the matter, then we can perhaps assume that Rove is not out of trouble yet. He just won't be indicted. But that does not mean he won't be charged.