In fact, all we know as a result of the judge's ruling on Monday is that the remaining charge against DeLay, if proved, would at least constitute a crime.
To repeat what you might already have heard in third grade: In America, the validity of criminal charges is determined by the trier of fact after a trial. A judge is not authorized to dismiss a criminal indictment handed up by a grand jury just because the prosecutor is a political hack.
This is true even if the prosecutor had to spend three years and empanel six grand juries to get an indictment.
It is true even if the same prosecutor also indicted Republican Kay Bailey Hutchison days after she was elected to the U.S. Senate, but after spending a year holding press conferences in which he called Hutchinson a criminal, still had no evidence and folded his hand.
It is true even if the prosecutor is participating in a documentary about a brave liberal prosecutor (Ronnie Earle) exposing a black-hearted Republican (Tom DeLay) – which wouldn't make much of a movie if no charges were ever brought.
Thus, for example, Earle's baseless charges against Hutchison – like the remaining charges against DeLay – were not dismissed before trial. What happened was, the trial date came and Earle had no evidence. The judge ordered the jury to acquit.
Earle never admitted he had no evidence against Hutchison. Instead, he made a preposterous request of the judge. He asked the judge to issue a pre-emptive ruling declaring all documents that Earle planned to admit throughout the trial admissible – without allowing the judge to know what those documents were or allowing the defense an opportunity to object. Obviously, the judge said he would have to see the documents first and decide admissibility on a case-by-case basis.
So now and forevermore, Earle claims his case against Hutchison was watertight, but because the judge ruled against him, he was prevented from presenting his "evidence" to the jury. Remember that when liberals call Bill O'Reilly a "liar" because he won a Polk award, but one time he got confused and called it a Peabody award.