Motion Details Revealed: DeLay's Lawyers Push for Fast Trial

AUSTIN - Lawyers for U.S. Rep. Tom DeLay on Monday urged a Texas appeals court to help DeLay get a speedy trial, claiming that a long legal battle would disrupt congressional business. DeLay's hopes for regaining his post as House majority leader were dealt a setback Saturday when a judge put the congressman's trial on a money-laundering charge on hold pending the state's appeal of the dismissal of another charge.

The Sugar Land Republican has been seeking a trial in early January in an attempt to clear his name before any leadership vote is taken by the Republican caucus when Congress returns from a break on Jan. 31. DeLay was forced to relinquish his leadership position in September when a Travis County grand jury indicted him in an alleged scheme to violate the state's ban on giving corporate contributions to Texas candidates in the 2002 elections.

Senior District Judge Pat Priest said Saturday he was putting DeLay's case on hold while Travis County District Attorney Ronnie Earle appeals Priest's dismissal of a charge accusing DeLay of violating the election code. An appeal could months.

Separating the cases - - >>>On Monday, DeLay's lead lawyer, Dick DeGuerin, asked Austin's 3rd Court of Appeals to separate the money-laundering charge from the appeal so DeLay can get an early trial.<<<

Earlier this month, DeGuerin had asked Priest to separate the money-laundering charge from a charge of conspiracy to engage in money laundering. DeGuerin said if DeLay wins on the money-laundering charge, he believes prosecutors may be barred from trying him for conspiracy. But at least one law professor has said it might be easier for prosecutors to prove conspiracy than actual money laundering.

>>>Also Monday, DeGuerin filed a motion asking the appeals court to shorten the time for filing briefs from the customary 20 days per side to five days. Both motions cite the disruption to Congress from the loss of DeLay's leadership.<<<

"Undersigned counsel and Tom DeLay believe, and upon such belief allege as fact, that the state seeks to stall disposition of the case so that Tom DeLay will be permanently removed from his leadership post in Congress," DeGuerin said in an emergency motion to sever the money-laundering charges.

Earle's office did not respond to the motions. If the court does not grant the motion to sever, then DeLay must wait for the outcome of the appeal. If Earle loses, he could then appeal to the Texas Court of Criminal Appeals.

>>>DeGuerin said DeLay may filed a motion today to bypass the intermediate court and go directly to the Court of Criminal Appeals in an effort to speed up the process. (This is the ticket, CCA is 100% Republican Judges - TAB)<<<

On a related case - - In a related development, the 3rd Court set Jan. 9 as the date to consider appeals by DeLay's two co-defendants, Jim Ellis and John Colyandro. They are appealing the decision by another judge to uphold money-laundering and conspiracy charges against them. >>> If the court decides to dismiss the charges against Ellis and Colyandro, then the case against DeLay also could be over, DeGuerin said.<<<

The three are accused of funneling $190,000 in corporate money raised by DeLay's Texans for a Republican Majority PAC through the Republican National Committee to circumvent the state's ban on giving corporate money to individual candidates. The national committee gave $190,000 in donations from individuals to seven Texas House candidates shortly before the November 2002 elections. DeLay, Ellis and Colyandro deny any wrongdoing.

Houston Chronicle
Editorial
Dec. 19, 2005

Expedite Hearing

- DeLay deserves a chance to be swiftly judged not guilty and thus regain his leadership post.

U.S. Rep. Tom DeLay wishes to move quickly to trial on charges that he and his associates laundered political contributions. At stake are not only his liberty and presumed innocence, but also the great power he wielded as House majority leader. If DeLay is not cleared by the end of January, House Republicans might elect a new leader.

DeLay hoped for a knockout blow when his lawyers moved to have all three counts of the indictment dismissed. The trial judge dismissed only one — conspiracy to violate the Texas election code. Travis County District Attorney Ronnie Earle appealed for reinstatement of the charge, and the trial judge put the case on hold pending review by the Texas Third Court of Appeals.

DeLay Monday asked the appeals court to expedite the case. The court should grant DeLay's request. For DeLay, justice delayed equals political downfall and the lost power and prestige that go with it. If DeLay is found innocent of the remaining charges against him, he deserves a chance to return to the status quo ante.

DeLay's lawyers have done their part to delay the trial. They filed motions to have the charges dismissed on the grounds no law was violated; to have the charges dismissed due to alleged prosecutor misconduct; to have the first trial judge removed; and to have the trial moved from liberal Austin to conservative Fort Bend County. Each motion takes time to consider.

However, there is no reason the appeals court cannot come to a quick decision regarding the dismissed charge. Lawyers for both sides have thoroughly briefed the issue, and neither the law nor the facts have changed.

DeLay has more problems than those presented by his indictment. Even if he is cleared of the charges he faces in Texas, House Republicans might be reluctant to return him to the leadership. That, however, is a decision that should be made by them, not by a district attorney with the tools to postpone the trial indefinitely.

Well if they don't return him to leadership, they better hold onto their hats, the Dems will be after any effective leader. The Dems have spent the last 30 years attempting to impeach another Republican President because the Republicans caved then. Delay will go back to the leadership at which point he should make the Dems pay a very heavy price for their evil deeds. Why do you keep posting negative stuff about Delay? Everyone knows this is politics. McCain should be ashamed to have passed tha campaign finance bill. Repubs need to use it against Dems-hold their feet to the fire. Aoso, if Delay has 'problems' why is he trying to get a fast trial? Earle should be investigated and fired for his political prosecutions.

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