I think the indictment to stand depends on whether a reporter told Libby about Plame before Libby told some other reporter about Plame. On that turns whether or not what Libby said his conversations with reporters entailed were basically true, or basically untrue, assuming the reporters version of the conversations are true. Even if the indictment stands, getting a conviction will be tough, and if the jury not drawn from a pool of Bush hostile folks, bascially near impossible, from what we now seem to know.
The indictment doesn't read like that.
33. It was further part of the corrupt endeavor that at the time defendant LIBBY made each of the above-described materially false and intentionally misleading statements and representations to the grand jury, LIBBY was aware that they were false, in that: ...At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA; in fact, LIBBY had participated in multiple prior conversations concerning this topic, including on the following occasions: ...
[list of June contacts with VP, CIA, State Dept. deleted]
Count 2
4. As defendant LIBBY well knew when he made it, this statement was false in that when LIBBY spoke with Russert on or about July 10 or 11, 2003: ...
b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA
Count 4
3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that: ...
b. At the time of this conversation, LIBBY was well aware that Wilson's wife worked at the CIA
Count 5
3. In truth and fact, as LIBBY well knew when he gave this testimony, it was false in that LIBBY did not advise Matthew Cooper or other reporters that LIBBY had heard other reporters were saying that Wilson's wife worked for the CIA, nor did LIBBY advise Cooper or other reporters that LIBBY did not know whether this assertion was true