Top Bush Aide Rove Won't Be Charged

Rove's fate has been the principal unfinished business for Fitzgerald, a career federal prosecutor who made a name in terrorism cases before being named U.S. attorney in Chicago. In October, he secured the indictment of I. Lewis "Scooter" Libby, the chief of staff to Cheney. Libby is accused of lying about conversations he had with reporters about Plame and obstructing justice.

Libby, the only official to be charged in the case, is set to be tried in January.

Fitzgerald has been the target of criticism because he has not charged anyone with the crime he was appointed to investigate -- the intentional disclosure of the identity of a covert agent. He also has not publicly revealed the identity of the main source used by Novak.

In addition, the prosecutor has been interested in an unidentified administration official who told Washington Post journalist Bob Woodward about Plame. Woodward, who did not write an article, has given a sworn statement to Fitzgerald.

Through a spokesman, Fitzgerald declined to comment Tuesday about Rove or any other facet of the investigation, including whether he was continuing to pursue leads. Most people familiar with the investigation think it has run its course.

Rove came under scrutiny over whether he concealed that he had spoken with a Time magazine correspondent, Matthew Cooper, about Plame a few days before she was publicly identified. Cooper had used Rove as a source for the article he wrote about Plame for the magazine's website.

During a grand jury appearance in February 2004, Rove testified that he had not spoken with Cooper about Plame. But he changed his testimony eight months later, saying that his memory had been refreshed by an e-mail his lawyer had dug up that referred to his conversation with Cooper.

Rove said the lapse was an oversight.

Fitzgerald tried to determine whether the explanation was credible.

Some observers have speculated that Rove changed his story only after finding out that Cooper had been subpoenaed to testify.

Rove asserted that he had no incentive to hide the truth.

Rove volunteered to FBI agents that he had spoken with Novak about Plame. He said it would make no sense to tell the truth about his conversations with one reporter but shield the truth about his dealings with another. He also said he was aware, even before his first grand jury appearance, that Fitzgerald was seeking information about Cooper through subpoenas.