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They couldn't prosecute him for a crime (bribery) that he didn't commit. Yes, they were waiting until he became a public official.
I don't know about that. Consider the prosecutions of some (not all) of the Jan. 6 "insurrectionists" where most of them played tourist. Not letting everyone off the hook, because some folks took it too far. But in typical Liberal fashion, they overcharged some people.