Guy #1 walks into a liquor store and announces there's a hold up. He takes what he wants but shoots the store owner twice in the head anyway and runs out of the store.
Guy #2 comes into the store, sees the owner lying on the floor mortally wounded and a few hundred dollars still in the open cash register. He grabs the money, shoots the store owner twice and runs out of the store.
Who is guilty of what?
Guy #1, Richard Armitage, is definitely guilty. So is Guy #2, I. Lewis 'Scooter' Libby. Libby isn't innocent just because Armitage got there first.
They were both guilty of violating the Espionage Act.