Uh, that referral was made two years ago. In the interregnum, it appears that neither Rove nor Libby actually revealed Plame's name or status (in fact, many have suggested she was not covert).
If there was no underlying crime, then perjury over no underlying crime seems to be a silly thing to persue.
Martha Stewart redux.
No, the ruling - and the judges' statement that the secret evidence alleged a "grave" crime -- was last February. And why would the passage of time from February to now change the nature of the evidence that they saw?