Earle asks for a "Do Over" (Email from Tom DeLay)

Email from Tom DeLay | 10-04-2005 | Tom DeLay

[E. Pluribus Unum]

Ronnie Earle has gone from dangerous to desperate with his latest actions of partisan injustice.

Last week, Travis County District Attorney Ronnie Earle concluded a three-year investigation with what is widely recognized as a wholly manufactured political accusation against Congressman DeLay.

Then, yesterday, when it became public his case was falling apart and Congressman DeLay would win, Earle asked for what is the equivalent of a legal "do over" and quickly rushed to yet another grand jury.

For nearly two years, grand jury after grand jury have decided there was no money laundering.

Yet in one day, the new grand jury found what the other grand jury couldn't find in six months?

The quick turnaround with a new grand jury and Earle's own statements are ABSOLUTE proof he is engaged in prosecutorial abuse against Tom DeLay.

CNN
ANDERSON COOPER: Joe..is this an acknowledgement that the first charges, that maybe Delay's team was right, the

conspiracy charge didn't apply in that time?

JOE JOHNS: That's precisely the question. If you look at the pleadings they did put out, it gives you a strong indication the law was changed in Texas in 2003, and that's when they put in conspiracy as applied to this count. So the suggestion is, just looking at it on its face, is that the attorneys for Tom DeLay are right, which certainly would be, if true, a big embarrassment for Ronnie Earle.

Houston Chronicle

"It proves a district attorney can lead a grand jury around like a bull with a ring through its nose."

     DeLay Attorney Dick DeGuerin

We Need Your Help.

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Mr. Earl is wrong on the facts and wrong on the law.
His movie deal is outrageous.
Ronnie Earle's 1994 indictment against Senator Kay Bailey Hutchison was quickly dismissed.
He's dropped charges against some in return for "five- and six-figure contributions to [his] pet causes."

 

[Blood of Tyrants]

DeLay stupidly waived his statute of limitations rights.

[Semper Paratus]

"My name is Earl, and I'm a Delayolic."

[twigs]

I think it also shows that the GJ was swayed by the fact that DeLay had been indicted days before. They no doubt looked at that rather than just the facts of the case. If a regular jury does that, can't the verdict be appealed?

[weegee]

"Ronnie Earle has gone from dangerous to desperate despot..."

[weegee]

I'm not sure what the rules are for show trials.

The left is already demanding that even if DeLay is found innocent, he should resign (fall on his sword) because he has brought shame and embarassment to his party.

They know the outcome already, they don't care what it takes to get there.

[AmishDude]

Interesting. I wonder if this was the original tactic, try to get an indictment, any indictment. Then use that to convince a new GJ.

[Bigh4u2]

"DeLay stupidly waived his statute of limitations rights."

But Delay was told by Earle that he was 'not a target' of the investigation, so it may turn out that waiving his rights,based on a deception by the prosecutor, may actually be illegal or at the very least unenforceable.

[twigs]

I wouldn't be surprised. This one seemed to come awfully quick. The plans for it must have been in the works.

[rocklobster11]

But Delay was told by Earle that he was 'not a target' of the investigation, so it may turn out that waiving his rights,based on a deception by the prosecutor, may actually be illegal or at the very least unenforceable.

I doubt it is illegal, and I think it is a standard tactic of prosecutors. The prosecutor tells the target that he is not officially a target and needs a little more time. If the target won't give him more time, he'll have to do a rush indictment due to the statute of limitations. The target thinks that he is innocent and would rather give the prosecutor a little more time to avoid a quickie indictment. What the target doesn't know is that the prosecutor will indict either way.

Prosecutors don't like to name individuals as targets until the last possible moment, because I think targets have different rights than suspects and other non-targets.

[fhlh]

I heard the opposite... which is it?

[BonnieJ]

A couple of months ago they were demanding that Rove resign or be fired. What happened to all that outrage?! On to another victim...! A never-ending process these days.

[Enterprise]

Earle wqants a do-over? Well, he's got The Great One mad at him, so he better get ready for a bend-over.

[Bigh4u2]

"What the target doesn't know is that the prosecutor will indict either way."

Then Delay's waiver means nothing if it was gotten through deception!

I believe his attorneys could argue the case effectively,before a judge, that he was 'entrapped' into thinking that he would not be indicted.

Procecutors cannot just do whatever the hell they want. They must follow the law.

[moose2004]

But the fact that the law changed on 2003 should absolve Delay of any possible criminal acts.

[rocklobster11]

He waived his rights initially, and rescinded his waiver this weekend due to prosecutorial misconduct.

[rocklobster11]

I just watched a friend go through the same process, so I doubt there is anything wrong with it. Prosecutors are under no timeline as to when they have to decide who is a target. I'm sure they told Delay that he was not currently a target, but that he was a suspect.

My friends lawyer told him that if he didn't waive his statute of limitation rights, then it was certain that he would be indicted even though he wasn't a target. The lawyer said that by waiving the statute of limitations rights there was a very slim chance that he wouldn't be indicted. He ended up waiving his rights, giving the prosecutor another 90 days, after which the prosecutor indicted him at the end of the last day of the extension.

[Condor51]

***DeLay stupidly waived his statute of limitations rights.***

Where did you see that? It's not in the posted email.

That being said a law's statute of limitations is not a "right" and one cannot "waive them". It's a matter of law. As such, a judge - any judge, would throw any case out of his-her court in a New York minute if a prosecutor attempted to file charges after the statute of limitations expired.

Lastly the problem with the first indictment of last week was that Earle was basing his entire case on a law that didn't exist at the time Delay allegedly violated it. That is unconstitutional and/is/would be a situation of ex post facto.

hmmm, given my vast knowledge of the Constitution maybe Dubya should pick ME for SCOTUS!

/s

[rocklobster11]

You can waive your statute of limitations rights, and that is what Tom Delay did this summer. This week, his lawyers rescinded that waiver.

For example, see Why Did Tom Delay Waive the Statute of Limitations?

[weegee]

The despots refuse to accept the rights of Republicans to exist. They are all fair game to be hounded out of office.

Meanwhile the attempted purging of conservative talk radio show hosts also continues.

They've already hit Michael Savage, Rush Limbaugh, Bill O'Reilly, come after Sean Hannity I believe, and are after Bill Bennett.

Savage and Limbaugh got booted from their tv shows. Nina Totentberg wished AIDS on Jesse Helms "or his grandchildren" without rebuke. Hunter S. Thompson continued working for ESPN even after he called the Abu Ghraib offenses worse than the worst Nazi war attrocities.

The despots attack the messenger. Not the message. They don't care under what attack they are successful. McCarthy was right about Communists in America (and he was not the one who led the campaign to uncover their infiltration). "McCarthyism" is still taught as a "shameful period" in American history.

Zogbyism is worse. Media attempts to sway public opinion (in 2004 they attempted to depress Republican voters into staying home on election day; this AFTER reporting heavily about some forged documents presented as fact).

Despotism. Plain and simple.

The leftist politicians and thier media lap dogs are no better than the Soviets or Goebbels' Big Lie.