Jury convicts DeLay in money laundering trial

Associated Press ^ | 11-24-10 | Juan Lozano

[Justaham]

AUSTIN, Texas (AP) - Former U.S. House Majority Leader Tom DeLay—once one of the most powerful and feared Republicans in Congress—was convicted Wednesday on charges he illegally funneled corporate money to Texas candidates in 2002. Jurors deliberated for 19 hours before returning guilty verdicts against DeLay on charges of money laundering and conspiracy to commit money laundering. He faces up to life in prison on the money laundering charge.

Prosecutors said DeLay, who once held the No. 2 job in the House of Representatives and whose heavy-handed style earned him the nickname "the Hammer," used his political action committee to illegally channel $190,000 in corporate donations into 2002 Texas legislative races through a money swap.

DeLay and his attorneys maintained the former Houston-area congressman did nothing wrong as no corporate funds went to Texas candidates and the money swap was legal.

[Bob]

I don’t believe this. It was my understanding that the law governing this transaction made it legal at the time of the transaction. Did they convict on the newer law?

That's my understanding of changes in the law as well. If this conviction was based on any provisions contained only in the new law, an appeal should overturn it.

[muawiyah]

I'm armed, dangerous and willing to shoot young chilluns if need be ~ (/s).

Well, maybe a bit short of that but I doubt I'll ever be charged with money laundering!

[Doe Eyes]

I read earlier today that the jury foreman was a “Greenpeace activist.”

That' what cuts are for during the jury selection process.

You would think that Delay would have sense not to hire a moron as his attorney, but then again, I could be wrong.

[muawiyah]

I believe his defense lawyer.

[tet68]

And Rangel gets a slap on the wrist...

[richardtavor]

He can't get a fair trial in Austin. Having gone to school there, I can assure you that it is the most liberal city in the country; makes Ithaca look conservative. Texas is unique in that the Austin City Attorney could also pursue federal matters...

[Logical me]

Liberals are no longer just liberals but communists. This whole trial is a joke but what could we expect from liberal land.

[HighlyOpinionated]

If this is "justice" then Charlie Rangel should be on Death Row!

[Hotlanta Mike]

What about Obama’s multiple social security numbers? Surely he wasn’t engaging in identity fraud, money laundering, etc, himself was he? There must be a logical explanation for this, right?

[Gay State Conservative]

A RAT DA in a RAT enclave of Texas,Austin.Delay most likely would have received fairer treatment in Cambridge or San Francisco.Let’s get a Republican DA in some rural Nevada county to take a close look at Dirty Harry.

[piytar]

Congratulations, Demscum. You’ve successfully criminalized politics. Don’t forget, though: It will be our turn soon. Given your (demscums’) trashing of the Constitution over the last two years, 18 USC 252 should come in handy.

We won’t forget. And the TEA Party aren’t the spineless country-club GOP bluebloods you’re used to pushing around.

Payback’s a bitch...

[Grams A]

but I doubt I’ll ever be charged with money laundering!”

I did one time. Washed my now ex’s jeans once without checking the front pocket which contained $500 cash from poker winnings. He made a point to tell all his friends. Never happened again!

[Hostage]

The money swap was legal. Presumably the jury chose to ignore that one facet of money (PAC side) did not make it to candidates whereas the other facet (Corporate side) was substituted.

If both facets had made it to candidates, then Delay would be guilty. But it was clearly a case of accounts receivable from PAC being swapped for Corporate cash on hand, which is legal.

I suspect the jury looked at one fact that corporate cash was used to fund candidates and ignored the swap. They chose to ignore the larger context.

The technicality will likely be that admissible evidence was not considered by the jury and that the instructions to the jury were in error that led them to convict.

He should get a mistrial and may get a new trial or have the charges dropped. Apparently his lawyer proved that the net money was from PAC sources via a legal swap.

If I have the facts right from what I have read, this trial was a waste of court time.

[skeeter]

Well, all Rangel did was cheat the tax codes that he imposed on the rest of us. No big deal.

ABC is all a-giggle this afternoon. Its the best news they've had to report in ages.

[skeeter]

Welcome to Freerepublic.

Is this your first post?

[NoLibZone]

Only because he is white.

( we need to play the race card too!)

[Venturer]

A Kangaroo Court

A picked Jury.

A picked Judge.

[deport]

This is some of the timeline for this investigation. Take it all with a grain of salt as it comes from Wikipeia.

Tom Delay Campaign Finance Investigation

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• September 8, 2005: A federal grand jury indicted TRMPAC, which allegedly accepted an illegal political contribution of $100,000 from the Alliance for Quality Nursing Home Care and the Texas Association of Business, on four charges, including unlawful political advertising, unlawful contributions to a political committee and unlawful expenditures such as those to a graphics company and political candidates.

• September 28, 2005: A Travis County grand jury operating under Travis County District Attorney Ronnie Earle indicted DeLay for conspiring to violate Texas state election law stemming from issues dealing with his involvement in TRMPAC. Texas law prohibits corporate contributions in state legislative races. The indictment charged that TRMPAC accepted corporate contributions, laundered the money through the Republican National Committee, and directed it to favored Republican candidates in Texas.

• September 30, 2005: In response to a motion to dismiss his initial indictment, Earle sought a second indictment of DeLay from a second grand jury. That jury refused to indict. Contrary to normal Texas procedure, a "no bill" document was not publicly released, and no public announcement was made regarding the result until after Earle had presented evidence to a third grand jury and obtained an indictment.

• October 3, 2005: Earle sought and received a new indictment of DeLay from a third grand jury in Austin on charges of conspiracy and money laundering. The next day, in a written statement, Earle publicly admitted that he had presented the case to three grand juries, and that one of the three had refused to indict DeLay. Earle said that he had presented the new money-laundering charge to another grand jury because the previous grand jury had expired. DeLay's lawyers said that Earle should not have waited to make the statement until after 5 P.M. that day.

• October 3, 2005: DeLay's lawyers filed a motion to throw out the charge of conspiracy to violate election law as fraudulent, claiming it was a violation of the U.S. Constitution's ban on ex-post facto applications of law. DeLay's lawyers claim that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a law professor at the University of Texas at Austin, said that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law. He characterized the 2003 change cited by DeLay's lawyers as a clarification of existing law, saying, "It isn't unheard of–the Legislature passing a law to make clear what the law is." Because the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity", DeLay's lawyers maintain that misuse of corporate donations, even if it occurred, could not constitute money laundering.

• October 7, 2005: DeLay's attorneys filed a motion in court to have the latest indictment thrown out, charging that Earle coerced the grand jury and illegally discussed grand jury information and encouraged others to do the same.^[8]

• October 19, 2005: A Texas court issued a warrant for DeLay's arrest.^[9] DeLay surrendered at the Harris County, Texas jail the next day, was booked, was photographed, was fingerprinted, and posted a $10,000 bond.^[10]

• October 21, 2005: DeLay appeared in court.^[11]

• November 1, 2005: DeLay prevailed in a motion to remove assigned Travis County judge Bob Perkins from the case. Perkins had donated to Democratic candidates and organizations, including MoveOn.org. DeLay's attorneys argued Perkins could not be publicly perceived as impartial under the circumstances. DeLay is also attempting to have the venue changed from Democratic-leaning Travis County.

• November 3, 2005: Pat Priest, a "semi-retired" judge, was chosen to preside over the case.^[12]

• November 22, 2005: DeLay filed a motion to dismiss the charges against him.^[13]

• December 5, 2005: Judge Priest dismissed one count, conspiracy to violate election law, but let stand two counts alleging money laundering and conspiracy to commit money laundering.^[14]

• April 19, 2006: The Texas Third Court of Appeals upheld the decision to dismiss the charge of conspiracy to violate election law.^[15]

• May 19, 2006: Prosecutors filed an appeal to the Texas Court of Criminal Appeals, the state's highest criminal court, to reinstate the conspiracy indictment.^[16]

• June 27, 2007: The Texas Court of Criminal Appeals ruled 5-4 to uphold the decisions of the lower courts and throw out the conspiracy to violate election law charge.^[17]

[comps4spice]

Ah yes, a dose of Travis County (in)justice for Tom Delay. Home to, the People’s Republic of Austin, Travis County’s former hugely partisan District Attorney, Ronnie Earle, set Tom in his sites, and down he went.