I believe the Judge starts off his decision saying that no one challenged whether the issuance of the warrant was proper. That being conceded, then yes he would be allowed to decide whatever other gripes they had concerning whether the speech and debate clause was infringed. Judge said it was incidentally abused but that is tough. (paraphrase)
I still think that this will be appealed as far as it can be. In doing so, whoever does so (dems or joint dems/rep.) will lose favor with the public.