You're referring to a pending investigation, imo. The pleadings refer to pending charges, iirc. For charges to be pending, he would have to have been charged, but not tried, already. I might agree with you if the msm had used the word "pending." But when it's used in a pleading, it would be a term of art and should be used correctly. jmo
http://legal-dictionary.thefreedictionary.com/Notice+of+Pending+Criminal+Charges
eta: If there are criminal charges pending, someone with an OJIN subscription would be able to see them, I think.
etaa: On second thought, I don't think "sleuthing" Kaine is allowed. So if someone were to look, it couldn't be posted here I don't think.