Posted on 10/04/2005 4:37:23 PM PDT by Rosemont
A little-used Texas law could decide the future of Rep. Tom Delay, the former House majority leader who is charged with conspiracy and money laundering in an alleged campaign-finance scheme.
Grand jurors looking into 2002 campaign contributions indicted DeLay on Monday for the second time in less than a week. House rules required him to step down from his leadership post pending the outcome of the case.
"I have not seen a criminal conspiracy case in Texas for a long, long time," said Austin-based defense attorney Ray Bass, who is not involved in the DeLay case. "In the last 20 years, I can't even think of one."
DeLay was first charged with conspiracy to violate the state election code, which bans the direct use of corporate money for political campaigns.
His lawyers filed court papers Monday attacking that charge on technical grounds. Hours later, a new grand jury brought an indictment against DeLay that included one count of conspiracy to launder money and one count of money laundering.
Under Texas law, a conspiracy occurs if someone agrees with one or more other people to commit a felony, and if someone in the group performs an overt act to carry out that plan. The agreement can be inferred, Bass said.
State prosecutions rarely rely on conspiracy, said George Dix, a law professor at the University of Texas. Bass said both conspiracy and money laundering charges are more often seen in federal court, where money laundering is almost exclusively connected to drug cases.
The indictment claims DeLay's political committee, Texans for a Republican Majority, accepted corporate contributions and then sent $190,000 to the Republican National Committee with a list of seven Texas state House candidates that should receive contributions. The committee then allegedly issued checks to the candidates for a total of $190,000.
Prosecutors have argued that was a violation of the state's ban on the use of corporate money in local election campaigns.
DeLay is accused with associates John Colyandro and Jim Ellis in the campaign-finance scheme allegedly hatched to boost Republicans to victory in state House races in 2002. The GOP won a majority in the House that year and took control of the chamber in January 2003 for the first time in 130 years. The Republican-controlled Legislature then passed a GOP-leaning congressional redistricting plan brokered by DeLay that put more Republicans in Congress.
DeLay defense attorney Dick DeGuerin believes the new indictment replaces the first. But District Attorney Ronnie Earle and his aides have not clarified that. They have refused to comment on the new indictment, other than issuing a short news release describing the charges.
DeGuerin argued the original indictment was based on a conspiracy provision that the Legislature added to the law in 2003. The indictment alleges that the illegal acts date to 2002.
DeGuerin accused Earle of "trying to patch up a terrible blunder he made last week for indicting Mr. DeLay for something that wasn't a crime."
DeGuerin also said both of DeLay's co-defendants were offered "sweet deals" by the prosecutors if they pleaded guilty to a minor charge and testified against DeLay. Both men refused, DeGuerin said.
Colyandro's lawyer, Joe Turner, said he never publicly discusses negotiations he has with prosecutors, but he said Colyandro does not have any information that would help the government.
A lawyer for Ellis did not immediately return a call to The Associated Press.
In another development, DeGuerin said DeLay withdrew his agreement to waive the statute of limitations in the case. That means prosecutors have only up to three years after the alleged crimes to bring a charge of conspiracy or money laundering. Because the case is based on actions during the 2002 election season, time is running out this fall to pursue charges.
If convicted of money laundering, DeLay and his associates could face five years' probation or up to life in prison. The possible penalty for a conspiracy conviction is up to two years in state jail.
DeLay is scheduled to appear in court Oct. 21.
The republican party cannot afford to have this clown Earle think he can do something like this without any sort of personal consequences to himself. The consequences have to be provided and they have to be major.
How about the ghost of Joe Bonanno?
That is EXACTLY how commie-socialist top dem ranking Bonior-(D) got carved out in Michigan never to be heard from again.
It's okay.
He stepped in it.
He wants Baroness Thatcher as a witness.
I would think a state impeachment proceeding for Abuse of Office would be appropriate.
It is so obvious that this is political that I can't imagine how this jerk can get away with this, but then, I am amazed at what the left is allowed to do with no repercussions. Meanwhile, Hillary has a REAL case of unquestionable campaign finance fraud (again) and nothing is done about it.
So it all boils down to Clintonese - the art of parsing words to mean what the Dims want them to mean.
Even Boss Hogg had more ethics than Earle.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Was Earle at a Dem fundraiser with Rather's ugly Lib daughter?
So now we are back to the DNC talking point about "Schemes"? Wonder where this had gone.
Not one dime to any RINO that stabs DeLay in the back.
This thing makes TX look like a joke.
What a shame when they have the motto: "Don't mess with..." .
That's like being charged with murder and attempted murder in a terrorist bombing incident.
I think it's 50-50 that this thing ever goes to trial. Dick DeGuerin has beaten Earle before. Squashed him like this indictment will be (s)quashed.
I also second the notion that any GOP quisling who abandons DeLay be squashed. We must not allow this kind of thing to be successful. The RATS hate DeLay because he's effective. His collegues either love him or fear him. We need more of that. Anyone who starts mimicing MSM sliming of DeLay is on my list. Anyone saying DeLay is better off in the background or permanently out of leadership loses any support. Period. It's time for Conservatives to rally for one of our own.
I'm on Delay's side, but I have no idea if the charge has any legal validity. Shouldn't the RNC and RNC officials have been indicted if this transaction was illegal? Sounds like a campaign law loophole which earle wants to turn into a crime.
Also, the stuff about this causing the dems to lose the Texas Congressional delegation is absurd. But the libs pretend little things like free elections did not take place. Their "best" use of this argument was when Max Chambliss lost his senate seat for being too liberal and somehow it was the result of a republican conspiracy in the form of campaign ads.
All you are saying is you are too inept or too lazy to change the party.
The GOP is made up of ordinary citizens. Those who are moderate or even a bit to the left join the Republican party and work their rear ends off to get the Republican party to do what they want.
The majority on the right sit on a stool with one thumb in their mouth and the other up their rump. They only do two things. They change hands and complain about the taste.
If you really cared about the nation you would wash your hands and get to work in one of the two major parties to try to change it.
Your tag line screams the owner of the tag line sees himself as inferior to those in charge. Not only that the owner of the tag line intends to stay in the inferior class. The goal is to never be in charge of anything.
People who control things do the work to get in charge.. Then they do what they want.
Losers tent to whimper and whine about those in charge not doing what they want done, while existing in a subservient state.
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