Bill, I think what's happening is that people "know" that when Rove asks a question, it's not just a question. Same as when Hillary "fired" the travel staff. There are people who don't technically have any legal authority behind what they're asking, but they seem to get their way.
In this specific case, it may very well be true that Rove was simply asking for information. But in a culture where people wield influence that goes beyond their job description, where orders are passed by implication, and everyone likes it that way[1], you can no more prove who didn't order something than you can prove who did.
[1] I'm not talking about this administration. I'm talking about the whole Beltway world.