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Rove changed his story 3 or 4 times to the Grand Jury. It's not merely a matter of poor recollection, it's a matter of making up a new tale each and every time new facts are revealed.
It's not like the government can convict of perjury everytime it can't prove a case, but a conviction for perjury can be achieved when evidence demonstrates to the proper degree that the accused is likely not to have forgotten the vital information they claim to have forgotten.
As to what the government can charge; well, yes, the government and district attorneys in general can charge anything, but it's unlikely to happen without evidence sufficient for a good chance at conviction. When I say government, I am meaning a special prosecutor is who purportedly above politics. Fitzgerald has proven himself to be such a man, but - as we might recall from the "C" word days, that's not always the case.
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