Walking the White House plank: Sidney Blumenthal from Comment is free

For months, Rove's attorney, Robert Luskin, has assured the press that his client, who was believed to be vulnerable to indictment for perjury, is in the clear. But Libby insisted that he was entitled to "disclosure of such documents" in Rove's files "even if Mr. Rove remains a subject of a continuing grand jury investigation".

Karl Rove is a subject of Fitzgerald's investigation - this is the headline buried in Libby's filing.

In white-collar criminal investigations, individuals who fall under the gaze of a prosecutor fit into one of three categories: witness, subject or target. Rove's attorney has suggested that Rove is simply a witness. But that is untrue. He is a subject. A subject is someone the prosecutor believes may have committed a crime and is under investigation. If the prosecutor decides he has accumulated sufficient evidence to prove guilt, he will change the designation of that person from subject to target and then indict him or her.

Having successfully completed his most extensive investigation and prosecution, ending with the conviction of former Governor Ryan, Patrick Fitzgerald returns to the unresolved case before him. The federal grand jury considering his evidence began meeting again this morning. Karl Rove remains a subject--for now.