Posted on 10/14/2005 9:14:31 PM PDT by Colonial Warrior
They don't have list of candidates at the heart of the laundering case, just a 'similar' one
AUSTIN - Travis County prosecutors admitted Friday they lack physical proof of a list of Republican candidates that is at the heart of money-laundering indictments against U.S. Rep. Tom DeLay and two of his associates.
The list is key to prosecutors being able to prove that corporate money that could not be legally spent on Texas candidates was specifically exchanged at the national level for donations that legally could be spent on Republican candidates for the Texas House.
Indictments against DeLay, Jim Ellis and John Colyandro state that Ellis gave "a document that contained the names of several candidates for the Texas House" to a Republican National Committee official in 2002 in a scheme to swap $190,000 in restricted corporate money for the same amount of money from individuals that could be legally used by Texas candidates.
But prosecutors said Friday in court that they only had a "similar" list and not the one allegedly received by then-RNC Deputy Director Terry Nelson.
A lawyer for Ellis said prosecutors' inability to produce the list mentioned in the indictments is on par with the tactics used by U.S. Sen. Joseph McCarthy in the communist witch hunts of the 1950s.
"I'll tell you what I think about this list. In the 1950s, a man named McCarthy claimed to have a list of 200 communists in the State Department, and he didn't," said J.D. Pauerstein, a lawyer for Jim Ellis, the director of DeLay's Americans for a Republican Majority. "They (prosecutors) don't know what list they're talking about, even though they specify it in their indictment."
(Excerpt) Read more at chron.com ...
I think so.....what a hoot!
That is why he shopped 6 or 7 times for a grand jury to bring an indictment, until he found one that bought a pig and a poke.
LMO! - looks like DUngbat too:-)
Busted! Surprise, surprise- I don't see the major news networks trumpeting this nice tidbit. That should be expected of course. Don't dogpile me for stating the obvious.
Ronnie "Pockets" Earle |
I'm sure if they ring Mary Mapes, she'll be able to gin up a list. Hello, Buckhead!
Guess Soros didn't hire any good forgers.
'What most people forget is that old Tailgunner Joe was right."
It's a crime to be "right" in this country, doncha know?
"I wish they would stop bashing poor old Joe McCarthy!"
The only way to win with the Left's wordgames is to beat them with their own rules.
Yesterday's McCarthyism = today's Rather-isms
Rather-isms def. The use of mass media, particular by but not limited to , partisan newsmen, to sway the public with undocumented or "fake but accurate" documents or unnamed sources of dubious interests.
Try it instead of using McCarthyism
How can they prosecute them if they don't have the documents?
Don't be bad mouthin the good Senator. MCarthy was right.
Excellent.
I feel their pain. (not)
It's not just that without the claimed evidence (in their written indictment) that Earle has no case...it's that without the evidence that he promised the Grand Jury, that Earle is guilty of prosecutorial misconduct.
Earle's going to jail.
Re: DeLay's prosecutors lack a key document
They don't have list of candidates at the heart of the laundering case, just a 'similar' one
By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau
I emailed this article to a friend at AP National wire service, two hours ago. They will get it out.
Right now the Dems-Soros Mob has this article spread all over the National news wire: DeLay Campaign Slams Texas Prosecutor. There are also Soros Mob hit news articles starting to appear, the last 48 hours, that DeLay et. al. helped rig elections in other States, besides Texas, in 2002. I figure by next week the Dems-Soros Mob will be blaming DeLay for causing Global Warning ;-)
Its important to remember that Earle the Squirrel didnt have a case strong enough to indict DeLay. He admitted it, and that was our understanding from a well placed source, one week before DeLay got indicted the first time. Earle caved in to the Dems-Soros Mob, and one of Earles prosecutors quit over this fiasco last week.
In reference to this lastest no list news:
>>>Assistant District Attorney Rick Reed told state District Judge Bob Perkins that the list prosecutors wanted to provide the defense was not the one mentioned in the indictment.<<<<
ADA Rick Reed has already been subpoenaed by DeLays Attorney, Dick DeGuerin on 10/11. You can find the Defendant's Subpoena Duces Tecum in the Tom DeLay Criminal Indictments Pre-Trial Legal Documents Section here: http://www.freerepublic.com/~flattorney/
In court yesterday, (10/14) attorneys for Ellis and Colyandro asked State District Judge Bob Perkins to rule on their motion seeking proof of an alleged document that detailed the names of Texas legislative candidates who were to receive contributions from the Republican National Committee. Judge Perkins said he would consider the motion Nov. 8.
Documents Misconduct Ping!
###Heres Another Related Article###
Claims of McCarthyism from DeLay Camp
Peggy Fikac, San Antonio Express, Austin Bureau
10/15/2005 12:00 AM CDT
AUSTIN Travis County District Attorney Ronnie Earle's probe of GOP campaign spending was likened to McCarthyism by a lawyer for one of U.S. Rep. Tom DeLay's indicted associates after a Friday court appearance. Earle would only say the investigation into alleged misuse of corporate contributions is continuing, as DeLay and associates Jim Ellis and John Colyandro fight charges.
Lawyer J.D. Pauerstein of San Antonio, representing Ellis, likened prosecutors to 1950s communist-hunter Joseph McCarthy, saying they haven't produced the list mentioned in indictments as having guided GOP operatives in how to distribute improper donations. He also criticized them for subpoenaing records that he said include Ellis' daughter's cell phone records. "This is a prosecution that has run amok," Pauerstein said after a pretrial hearing. "I guess they think Jim's 17-year-old daughter is a money launderer."
Ellis and Colyandro were indicted last year in the case and recently indicted again with DeLay, who will have a pretrial hearing Friday. Indictments of the three center on $190,000 in corporate donations that went to the Republican National Committee, and state the same amount came back to Texas legislative candidates in 2002, when the GOP won a state House majority.
Earle says the money was funneled through the RNC and returned to Texas in violation of a state law against corporate contributions to candidates. DeLay's team says the money for Texas candidates came from other sources. Ellis' lawyers filed a motion asking for a list of candidates that the indictments accuse Ellis of providing to an RNC official to direct money to specific individuals.
>>>>Assistant District Attorney Rick Reed said in court that he had provided either the list, a similar document or a precursor to it. Reed later filed a document that he said had been previously provided and was either a copy of the list or one "factually related" to it.<<<<<
"In the 1950s, a man named McCarthy claimed to have a list of 200 communists in the State Department, and he didn't," Pauerstein said after the hearing. "And I think this is the same thing we're seeing all over again with this list."
He noted the filed list included $230,000 in contributions, not $190,000, which he said would undermine prosecutors' claims. Colyandro lawyer Joe Turner of Austin said after the court hearing, "They gave us some sort of list ... but it's not the list, in my opinion, if there was a list."
http://www.mysanantonio.com/news/metro/stories/MYSA101505.05B.GOP_Cash.228e7875.html
That's from all the nudie's peeing in the water at Barton Springs.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.