FNC: Judge in Texas throws out Part of charges against DeLay(Upholding charge on money laundering)

Fox News

[Congressman Billybob]

Judge Napolitano (on Fox) is a nice guy who smiles a lot. But he is a turkey on legal issues from time to time. For instance, he absolutely blew it on what happens if Justice O'Connor hears the argument in a case, but the decision is not handed down until Justice Alito has taken her place.

The correct answer, which the lamestream media has finally recognized from prior Court experience in this exact issue, is this: if O'Connor's vote does not affect the outcome, her vote is discarded and the decision is announced.

But, if her vote would affect the income, the decision is withdrawn and the case is reargued, with the new Justice now seated and participating.

Same situation here. Napalitano doesn't even have it right that there is an outstanding motion to dismiss the money-laundering charge for misconduct by Ronnie Earle. And after that will be another motion to dismiss the charge during the trial. And a motion to drop deLay from the case as a defendant.

This charge is harder to prove, and likely is going nowhere. Judge Napolitano is behind the legal curve. Again.

John / Billybob

[PureTrouble]

I think the indictment is still available at Fox news.

It does clearly show a check from money's received by corporations into Delay's company. That money written as a check to the RNC.

An equal amount of check from RNC to the Texas Republican re-election coffers.

Think its Soft money hard money issue and Corporations not donating to get politicians in office directly.

Earl is saying that the money from corporations in Texas is used to get Texas politicians elected in office. It just took the money longer to get into the election accounts.

Seems to be good evidence, just wasn't covered by the law at the time. I think if you look at the Dem's you can find the same issues, except that now the statute of limitations has expired and only a Republican has been charged.

[A.Hun]

Thank you very much for the clarification. I take the Judge with a grain of salt already, this just reinforces it.

[Rodney King]

You are just a sucker if you beleive that.

[Xenalyte]

I cannot WAIT for that DuFu edition!

[Patriot from Philly]

If you think Judge Napolitano is bad you should see how AP spun this. Boy, they don't even try to hide their bias anymore.

[marajade]

Can anyone find a link to the decision on line?

[nicmarlo]

Priest said he would hear that motion only if he upheld the indictments against the legal challenges."

Ah! that's good news.

[Don'tMessWithTexas]

Thank you.

[pointsal]

better check the rolls....he'll be INDEPENDENT tomorrow

[TeddyCon]

LMAO! Beat me to it KCB! I was thinking the same.

[tiredoflaundry]

BWAHAHAAAAA!!!

[Rodney King]

Looks like the Washington Times thought he was serious:

House Majority Leader Tom DeLay said yesterday that Republicans have done so well in cutting spending that he declared an "ongoing victory," and said there is simply no fat left to cut in the federal budget. Mr. DeLay was defending Republicans' choice to borrow money and add to this year's expected $331 billion deficit to pay for Hurricane Katrina relief. Some Republicans have said Congress should make cuts in other areas, but Mr. DeLay said that doesn't seem possible. "My answer to those that want to offset the spending is sure, bring me the offsets, I'll be glad to do it. But nobody has been able to come up with any yet," the Texas Republican told reporters at his weekly briefing. Asked if that meant the government was running at peak efficiency, Mr. DeLay said, "Yes, after 11 years of Republican majority we've pared it down pretty good."

[TheLion]

Here is the AP take....boy are they biased!


DeLay's Money Laundering Charges Upheld

A judge dismissed a conspiracy charge Monday against Rep. Tom DeLay but refused to throw out the far more serious allegations of money-laundering, dashing the congressman's hopes for now of reclaiming his post as House majority leader.

----snip----

http://sfgate.com/cgi-bin/article.cgi?f=/n/a/2005/12/05/national/w140324S34.DTL

[nicmarlo]

I think this is the key to the whole thing. I'm getting the impression that the judge is more than a little curious about Earle's methodology in his quest for Truth, Justice and the Democratic Way, and the only way this was going to be explored was if there was still something hanging in the fire for Delay.

Probably so; wonder if Earle is in a panic now.

[nicmarlo]

How can you launder money earned legally?

With balogna during grand jury indictments....at which time, the grand jury only gets to hear the prosecutor's "evidence." The accused cannot be there, nor is attorney; there are no "two sides" present, and a bad prosecutor can paint a bad picture with a broad sweep of his dirty brush. And the standard to indict is lower than to convict at trial (bench or jury).

I hope Earle gets a spanking from the Judge.

[nicmarlo]

Just turned it on....unfortunately, I missed it! : (

[Torie]

True.

[Republican Red]

From NRO:

JUST IN FROM DELAY'S OFFICE [Kathryn Jean Lopez]

Congressman Tom DeLay

Representing the 22nd District of Texas

For Immediate Release Contact: Kevin Madden

December 5, 2005 Phone: (202) 225-5951

Statement from the Office of Congressman Tom DeLay

WASHINGTON - Kevin Madden, spokesman for Congressman Tom DeLay (R-Texas) today released the following statement in response to Texas Senior Judge Judge Pat Priest's ruling:

"The court's decision to dismiss a portion of Ronnie Earle's manufactured and flawed case against Mr. DeLay underscores just how baseless and politically motivated the charges were.

"The judge's ruling, along with the recusal motion previously granted, represents yet another legal victory.

"Mr. DeLay is very encouraged by the swift progress of the legal proceedings and looks forward to his eventual and absolute exoneration based on the facts and the law."

###

Fast Facts About Today's Ruling:

First indictment was quashed.

The judge notes in his letter that a motion to dismiss based on prosecutorial misconduct is still pending for the second indictment (also known as the "Do-Over Indictment") and will require the hearing of evidence. The bulk of the arguments made in that motion concerned the manner in which Ronnie Earle went about getting this second indictment. Thus, the pending indictment can still yet be dismissed after additional hearings.

From today's ruling:

[1] At least one motion to dismiss upon the basis of alleged prosecutorial misconduct was filed by Defendant DeLay and is presumed by the Court to have been adopted by defendants Colyandro and Ellis. This motion may require the hearing of evidence (a matter not yet resolved), and it is not included within the ambit of the present rulings.