The defense will show the entire charge to be bogus. The money transaction was legal. The prosecution ws malicious.
Beating the conspiracy indictment didn't necessarily confront that, and could/would be spun as "getting off on a technicality."
I see. Yeah...It will look better for Delay when he beats this one.
And, since it looks like Earle knows the first indictment won't hold up due to being based on a law that was not in effect at the time (which is why he ran and shopped the other grand jury last week), the second indictment will go down quickly too.
Because, like the idiot he is, Earle based it on the same non violation.