Granted, they're all whores. But there are some whores that have limits, and some that'll do anything for a buck, or a vote. I didn't say it was a good chance, but it it just about his only one.

If it were to happen, the hypothetical Dem Candidate in our scenario would obviously not make Max a campaign issue. Nor would he, his AG, or the DOJ spokesman make an announcement that the prosecution was dropped. Nobody scores political points supporting porn. But I can see it being dropped quietly, without fanfare, the way most dropped prosecutions (whatever the offence) are handled. Federal, State and Local prosecutors do it all the time, usually when a case falls apart, a witness dissappears or recants or some other change in circumstances renders a prosecution untenable. "Just a routine matter," they say, and that's how I envision it would be handled in this scenario.

One thing I guarantee you is that the case would not be dropped if a Republican were to win the election, under any circumstances. So he, and the industry, are better off rolling the dice and hoping that the Dems win.

Interestingly, it seems likely that Max's trial would not start until after November 4, 2008, anyway, so he does have reason to bet on the outcome of the election.