Well, that can be said about virtually any conspiracy case. Despite mountains of evidence, even taped conversations, it can be VERY difficult to prove any criminal conspiracy absent the direct testimony of a cooperating indicted (or indicted) co-conspirator.
Once people know he won't be around for a second term to retaliate, then the tipping point will be reached.
I don't think any of the DSA/CoC/CP USA crew will betray him, as they are almost fanatical. A career politician like Crist in attitude is more likely to deliver the knife in the back to save his own worthless skin.
The reason it matters is because of the number of senators the “Democrats” will have to defend in 2012. If this whole eligibility mess comes out before the 2012 election just imagine what a constitutional conservative President could do with a house majority and 65 senate seats.
That right there is the power to repeal vast quantities of progressive laws.
They might even take the time to amend the constitution to Define NBC exactly according to the long form of vattels definition. That would be poetic revenge on Obama and his ilk.