Ronnie Earle should answer the Delay subpeona and testify - he c an't say much due to GJ secrecy rules anyway. THis would be the greatest setup for Delay to go down. How so?
Earle can say, "Look, its not my fault, but because they forced me to testify, I cannot now try the case. I had to hire a private attorney for this case." He then gets the best hired gun attorney possible.
First, Delay now faces a pitbull attorney. Next, Delay can't make it about Earle being a fanatic or partisan.
Finally, if Delay complains, simply say "Tom Delay won't be happy until one of his cronies or someone on his payroll is in charge of the case"