Assumes facts not in evidence.
(1) If Plame wasn't an active, covert agent, the leak wasn't illegal.
(2) Even the WP reported that reporters might have told government officials (possibly including Rove, but this isn't mentioned) Plame's name. In which case, Rove isn't the leaker, even notwithstanding (1).
(3) What's up with Miller and the NY Slimes? They asked for an investigation, and now their own reporter sits in jail for failure to testify before a grand jury. Gee, do you suppose Plame (or Wilson) told Miller of Plame's employment, and then Miller told Rove, who then told Novak? This scenario explains at least two things: Why Rove and Bush are so confident, and why Miller refuses to testify.
To my knowledge Mr. Bush had never put the "illegal" qualification on leaks .... he simply forbade them ALL with a very strong suggestion that the wrath of God awaited the violator(s).
This is the reason why I'm confident this whole mess is BS. There no way that Rove can Millers "source", because he's very publicly permitted her to give any testimony about their conversations she want's. I've seen stories about how the Times now want's this investigation halted, apparently to get Millers ass out of a jamb. I really suspect they're putting the heat on Rove merely to get the administration to push for a halt in the investigation so they won't be embarrased any further.
That must be why Rove was so happy this morning. He knows where this is going, and it's all good for him and bad for the NYTimes.