Libby and Rove have been told they are subjects, not targets of the grand jury. Both have already testified. Thus the provision in the rules that says if a target has not been subpoenaed and has not asked to testify, the prosecutor is encouraged, before indicting the target, to notify him and give him an opportunity to testify, does not apply.

Once it appears a target will not be indicted, Fitgerald has the discretion to tell them of their changed status under the rules. But again, Rove and Libby have not had target status to date.

I don't see anything in the rules that says when a subject who has testified before the grand jury evolves into a target and is likely to be indicted, that the prosecutor has to provide notice of this.

So I don't think the fact that Rove and Libby's lawyers haven't been told by Fitzgerald in recent days that their status has changed to that of targets means anything.