Remember the FISA is the bigger crime. Listen to Solomon on Hannity. There are double jeporday laws which prevent a person from being prosecuted twice for the same crime. Since, the former AND lesser crime may carry an immunity deal, if you pursue that one, the one with lesser penality, you may end up stepping on a rake of immunity which (since most likely these crimes have relation) you loose BOTH. Better to go for the one where no immunity apllies and get a sure and solid conviction.