The good news is he is still being actively investigated and Fitz is determined to do his job right. The bad news is that it may take years.

Special Prosecutor Patrick Fitzgerald delayed a decision on whether to seek criminal charges against Karl Rove in large part because he wants to determine whether Lewis (Scooter) Libby, the former chief of staff to Vice President Cheney, can provide information on Rove’s role in the CIA leak case, according to attorneys involved in the investigation.

Even if Fitzgerald concludes in the near future that he does not have sufficient evidence to charge Rove, the special prosecutor would not rule out bringing charges at a later date and would not finish his inquiry on Rove until he hears whatever information Libby might provide — either incriminating or exculpatory — on Rove’s role, the sources said.

On the last day of its two-year term, the federal grand jury in the leak case indicted Libby on five counts of making false statements, perjury, and obstruction of justice as part of an alleged effort to conceal his own role, and perhaps that of other Bush administration officials, in publicly disclosing the identity of CIA officer Valerie Plame.

Fitzgerald did not seek an indictment of Rove, opting to present any potential new evidence on the White House deputy chief of staff to a new grand jury. In recent days, Fitzgerald has reinterviewed several witnesses with knowledge of Rove’s role in the Plame leak and talked with attorneys of other potential witnesses.

The ongoing investigation means that Rove’s legal status is likely to remain up in the air until the final disposition of Libby’s case. That could be two years from now, or even longer. Rove’s predicament contradicts recent news accounts indicating that Fitzgerald will conclude his probe of Rove in the near future.

I guess that puts an end to the much-repeated meme that Rove was found innocent of all charges and the investigation has wound to a conclusion.