Prosecutors appeal dismissed DeLay charge

Seattle Post-Intelligencer ^ | December 12, 2005 | APRIL CASTRO, AP

[Brilliant]

AUSTIN, Texas -- Prosecutors asked a judge Monday not to let Rep. Tom DeLay's trial begin while they appeal the dismissal of one of the three campaign-finance charges against the former House majority leader.

If Judge Pat Priest agrees to a delay, it could be another blow to DeLay's hopes of regaining his leadership post.

The Texas Republican was forced to step down under House GOP rules after being charged earlier this year, and he cannot regain his post as long as he remains under indictment. For that reason, he has asked for a dismissal of the case, or else a prompt trial, in hopes of becoming majority leader again when Congress reconvenes in late January.

Last week, Priest dismissed a conspiracy charge against DeLay but refused to throw out far more serious allegations of money-laundering. District Attorney Ronnie Earle served notice Monday that he intends to ask an appeals court to reinstate the conspiracy charge.

Priest has indicated he is unlikely to move forward with the case while the district attorney appeals the dismissal.

DeLay, 58, and two GOP fundraisers are accused of illegally funneling $190,000 in corporate donations to 2002 candidates for the state Legislature. Under Texas law, corporate money cannot be directly used for political campaigns, only administrative purposes.

[Brilliant]

This is obviously a conspiracy between Ronnie Earle and the Judge. If the Judge had dismissed the entire case, then Earle's appeal would not have stopped DeLay from regaining his leadership position. Since only half the case was dismissed, charges still remain pending against DeLay, and he cannot hold a leadership position until at least the appeal is resolved.

[peyton randolph]

The last gasps of a dying Texas Democrat Party.

[AGreatPer]

I would like to post that this is funny. But it's not.

It just shows how despirate the Democrats are.

Rush is right again. The Democrats are emploding.

[Tarpon]

How do you appeal when the law you charged wasn't even in effect when you alleged the crime was committed -- Isn't that what the judge cited when dismissing the counts?

Do you think this is political, no way. But like when all else fails Defeatocrats go to their liberal judges in the court.

[Vaquero]

D#uche Bag alert

[TexasCajun]

April is good little Liberal Austin Democrat it appears.

[new yorker 77]

[DrewsDad]

Delay's attorneys need to appeal the ruling letting the money laundering charge stand. These appeals will go before more conservative judges and Delay would stand a better chance than Earle of prevailing at that level.

The only thing I can think that it gains Earle is to delay Delay's chance for a quick return.

[Brilliant]

I don't think that's appealable at this point. You must usually have a "final" order, and an order denying a motion to dismiss is not a final order.

[goldstategop]

Earle is desperate. I don't think he'll succeed but in the interim he's trying to make the case that routine party expenses amount to a campaign finance violation. Good luck in making it stick.

(Denny Crane: "I Don't Want To Socialize With A Pinko Liberal Democrat Commie.Say What You Like About Republicans. We Stick To Our Convictions. Even When We Know We're Dead Wrong.")

[Brilliant]

He knows he'll lose in the end. What he's trying to do is defeat DeLay, by delaying the trial until after the election. He thinks that DeLay's support will wane with the cloud over his head, particularly since he can't hold a leadership position until after he's exonerated.