When you think about it, it is hard to believe a lawyer with the savy of Dick Scruggs would have believed earwigging in Mississippi was "that wrong", that uncommon, or that a sitting state judge and the federal government would use the practice to lead a broken down, out of control lawyer, Tim Balducci, into a bribery sting.
It must have been common knowledge to the lawyers involved, as well as the judge, that earwigging was a common practice. And, that even though a violation of court rule and Rules of Professional Conduct, it was commonly engaged in. Witness Judge Lackey's agreement to enter an order ex parte on behalf of the attorney for the plaintiffs in the Jones Case to seal the file leaving it to be opened at the behest of the attorney who sought the sealing order.
Thus, I think the federal focus now must be to expand the the corruption investigation into the real problem in Mississippi -- corrupt judges and a climate of pervasive political use of the judicial system.
Suffice it to say, I doubt Dick Scruggs would be in the life changing position he is in today were it not for deep problems of judicial corruption in Mississippi.