No, read the indictment. He apparently (again, according to the indictment) gave two conflicting statements under oath. And the indictment rather strongly states that they have the evidence to prove it. Whether or not Libby was the first to disclose has nothing to do with what he is charged with doing. And the issue isn't whether or not he was correct in saying he heard it from a reporter. It is the contradictory nature of at least two sworn statements that is at issue and his lawyer will have to try to convince a jury (assuming there's no plea agreement) that he simply got confused and misstated since counsel isn't permitted in the Grand Jury room.