You mean the count that was based on a law not in effect when the action was committed? That one? I didn't know Earle has dumped it, but I didn't know that little faclet at the time either.
Neither did I, and I didn't base my conclusion on the law (the conspiracy angle) not being in effect. I didn't look up the conspiracy part of the case, just the underlying part. Anyway, DeLay has been charged with the underlying part - now under the ssame cloud the two co-conspirators were charged with back in April.
One of those two cases will be useful to more clearly see whether the statutry elements we bantered about have in fact been violated. Keep in touch if you learn anything on it - it'll be fun to see how it turns out.