We've seen this past week it's possible to get a GJ indict people when someone else's DNA exonerates them.
Sure, Rove "can" be indicted, since he did in fact incorrectly testify to the GJ about the e-mails that the WH system didn't find. Or he could be indicted for deliberately and with malice of forethought keeping a messy garage in the District of Columbia. (Remember the TV crews last election?) This entire episode is as close to a witch hunt as I've ever seen. If he gets a legal defense fund, my check will be in the mail that day.
I just wish there were some sincere Dems in the vein of Nat Hentoff who would come out and echo your words. I mean, it really is that blatantly so.