SPECIAL COUNSEL SEEKS MORE INFO IN CIA PROBE: NYT /// ' Fitzgerald is still to be trying to determine whether Rove had been fully forthcoming about his contacts... Fitzgerald spent the day in Washington and summoned his team, including his chief FBI investigator, Jack Eckenrode, for what appeared to be a final round of discussions about how to proceed'
If they don't have the goods on Rove before now I do not believe Fitz would go out on a limb to prosecute him.