It could be, but that would not contradict his testimony that he first had the memo leaked to the Times on the 15th.
Well, maybe the memo specifically and overtly, but the contents of the memo are essential, right? If the contents (as opposed to the blatant existence) are exposed, isn’t it a distinction without a difference?
I am not a lawyer and didn’t even stay at a Holiday Inn Express last night, just thinking out loud.