The charges, if any, ultimately resulting from this will not be over disclosure of an operative's name, but obstruction of justice, i.e., lying to the investigators.
How do we know he lied? What worries me is that Rove may have leaked the name not knowing she was undercover. He may have just heard she worked for the CIA, and told the reporters that for their background. I'd rather believe that than that he abused his security clearance. And before you guys jump on "undercover", the CIA issued a "crime report" stating her to be an undercover operative, working for "Brewster & Jennings", a dummy corp, and that is how we got us a special prosecutor..