I couple of people have e-mailed asking me, “Why isn’t what DeLay is accused of doing illegal?” Former DOJ official Barbara Comstock explained it in an e-mail to Michelle Malkin, who posted it on her blog:

Ronnie Earle argues that Tom DeLay conspired to make a contribution to a political party in violation of the Texas Election Code. There was no contribution to a political party in violation of the Texas Election Code. There was no conspiracy. Ronnie Earle is wrong on the facts. Ronnie Earle is wrong on the law.
According to the indictment, the conspiracy was to unlawfully make a political contribution of corporate funds to a political party within 60 days of an election.
The Texas Election Code clearly states that “A corporation or labor organization may not knowingly make a contribution [to a political party] during a period beginning on the 60th day before the date of a general election for state and county officers and continuing through the day of the election.” Title 15, Texas Election Code,