http://www.freerepublic.com/focus/f-news/1907593/posts
Travis County DA Ronnie Earle
aka, "Dances with chickens"
I wonder if there was any "choking" going on...
.
Posted on 09/20/2013 5:34:19 AM PDT by SeekAndFind
It is a scandal that there has been and will be no serious jail time in the matter of former Republican majority leader Tom DeLay — Ronnie Earle, the hyperpartisan Democratic prosecutor whose risible case against DeLay has just been finally thrown out by the Third District Texas Court of Appeals, richly deserves to be measured for an all-orange wardrobe.
After eleven years, the matter of Mr. DeLay’s fund-raising in the 2002 election cycle has been finally put to rest, with Mr. Earle’s case having been vivisected by Justice Melissa Goodwin, who in her quietly scathing opinion did not bother even to consider six of the eight points raised by Mr. DeLay’s defense, finding the first two sufficient to snuff out what is in theory a prosecution but is in fact a persecution.
For those who may have forgotten these long-ago events, Mr. DeLay was first accused by Mr. Earle, the chief prosecutor of Travis County, Texas, of conspiring to violate Texas campaign laws. That indictment immediately was challenged because, even if there had been sufficient evidence of wrongdoing — which there emphatically was not — it would have necessitated prosecuting Mr. DeLay for violating a law that had not yet been passed at the time he was alleged to have broken it, a clear violation of the constitutional ban on ex post facto prosecution. Knowing that his indictment was doomed, Mr. Earle scrambled to convene a new grand jury in order to secure additional charges. The second grand jury refused to cooperate and rejected Mr. Earle’s plea for a second indictment, issuing what is called a “no bill,” meaning a formal refusal to indict based on the evidence presented. Under normal Texas procedure, a no-bill document is made public on the day it is issued; Mr. Earle schemed to keep the grand jury’s rejection of his case secret until he could convene yet another grand jury. He found a brand-new one that had just been seated and, with the statute of limitations hanging over his head, wrung out of them indictments on charges of money laundering and conspiracy to commit money laundering after only a few hours of presenting his evidence. The refusal of the second grand jury to indict was kept secret until the third grand jury had done so. Mr. DeLay’s attorneys filed a formal complaint of prosecutorial misconduct, including the use of coercive and misleading measures in the matter of the third grand jury.
To charge Mr. DeLay with money laundering and conspiracy to commit same was a desperate maneuver never destined to stand up to final judgment. That is because to be guilty of money laundering, one must be guilty of producing the money in question through some prior felony offense. There was never any serious evidence that Mr. DeLay had done so. His alleged wrongdoing under campaign-finance laws consisted of using corporate “soft money” donations to offset “hard money” campaign donations in order to circumvent the Texas law prohibiting direct corporate contributions to political candidates. Never mind that Mr. DeLay was never convicted of any such offense — indeed, never mind that such an offense is not criminal — there was never any evidence that he had even come close to committing such a violation. The court had just thrown our Mr. Earle’s first indictment alleging that he had.
As Justice Goodwin notes in her opinion, Mr. DeLay’s political-action committee followed standard practices, segregating soft money and hard money in separate accounts. Democratic PACs operating at the same time had followed exactly the same procedures in the handling of comparable sums of money, here $190,000. As the justice writes, Mr. DeLay’s organization “did not transfer funds between these two accounts. . . . There was no evidence that [DeLay’s PACs] treated the corporate funds as anything but what they were, corporate funds with limited uses under campaign finance law.” In the court’s most damning finding, the justice writes that DeLay was prosecuted not for attempting to circumvent the law but for trying to satisfy it: “The evidence shows that the defendants were attempting to comply with the Election Code limitations on corporate contributions.”
That DeLay was convicted at all is a product of judicial incompetence at the trial-court level, also attested to by Justice Goodwin’s opinion. The jury, justifiably confused about how Mr. DeLay could be convicted of money laundering without an underlying crime producing dirty money to be laundered, sent the judge a question: “Can it constitute money laundering if the money wasn’t procured by illegal means originally?” Justice Goodwin again: “The proper answer to the question is ‘no.’ The jury’s question about the law was not answered, however.” Which is to say, the judge refused to answer an explicit jury inquiry about the fundamental legal question at stake in the case.
Mr. Earle, who was hot off an earlier failed attempt to use his office to engage in a similar political persecution of Senator Kay Bailey Hutchison, promptly put Mr. DeLay’s scalp at the end of his lance and began considering a run for governor or attorney general. In the event, he would run for lieutenant governor and be defeated in the Democratic primary. He has since lapsed into well-deserved obscurity.
There are many legitimate criticisms that may be made of Tom DeLay, from some of his political choices to his appearances on Dancing with the Stars. But he is not a criminal. On the other hand, his defense team’s complaint alleging criminal misconduct on the part of Mr. Earle is persuasive. Unhappily, the same Democratic single-party rule in Travis County (Austin and environs) that allowed Mr. Earle’s circus of a case against Tom DeLay to proceed in the first place ensured that he was never held to account for his gross and shameful abuse of the public trust. Mr. DeLay did not earn his nickname, “The Hammer,” for being a nice guy, but the attempt of Texas Democrats to criminalize politics, and the decade-plus persecution of Mr. DeLay that resulted from it, is an act of corruption in the most literal sense of that word, eroding the legal and political institutions that enable democratic self-rule in a constitutional republic. Mr. DeLay has cause to celebrate today, but for the rest of us this matter, even though properly resolved at last, is a cause for nothing but shame.
I’d like to see him back in the fray, too. If the lefties are that afraid of him, let’s get him front and center. And this time let’s ALL fight dirty. Honestly, the mealy-mouthed too-nice Pubs in DC are beginning to get to me.
I’d rather see that slimy prosecutor Earle wearing an orange jumpsuit.
The greatest mugshot ever...! I wish that Delay was Speaker today instead of the weeper.
The full Third Court of Appeals will not do them any good. The 3 member group that ruled on the case contained the only “Progressive” judge on the court. They only highlighted 2 or 3 elements of the case out of 10 or 12 that would have had the case thrown out before prosecution in any other trial court not located in Austin. Ronnie Earl did not seek reelection and “slunk off into obscurity before he could be sanctioned and prosecuted”.
Delay was on Hannity’s show last night. He said that the idea of a prosecutor like Earle being immune to proecution or lawsuits for something like this is just a theory, and that he and his lawyer(s) were going to put that theory to the test.
Delay's defense was that he had nothing to do with it and at the time didn't even know that employees were doing it.
I hope he does —
****Ronnie Earl did not seek reelection and “slunk off into obscurity before he could be sanctioned and prosecuted”.****
Not a good idea. It is turning into a cesspool as well.
Turning? That train left the station a long time ago.
Oh, that would be awesome -- on many levels.
Malicious prosecution is a real problem. It would be good to see some precedents set, putting prosecutors on notice that they are personally liable for misconduct.
Those who worked for Delay pled guilty to the crime.
*************
I don’t remember the details but one name comes to mind that did plead guilty was Tony C. Rudy.
Rudy pled guilty to conspiring with GOP lobbyist Jack Abramoff to corrupt public officials.
That plea was after he left DeLay to become a lobbyist.
Please call it Travis County’s shame. A lot of us Texans fully supported Speaker DeLay.
When I first moved to Texas I was in the 9th district, represented by the despicable Nick Lampson. After the 2000 census, and much political haggling and delay tactics by the failing and flailing Texas Democrat party, the districts were re-drawn and I found myself in the 22nd district represented by Tom Delay. This re-drawing left Lampson out in the cold, where he belonged. I got to vote for Delay once before this legacy of LBJ politics led Delay out of the run for congress. The timing was perfect, for the Democrat crowd, as the only way a Republican could appear on the ballot was via write-in. Texas write-in laws are quirky and the ballyhooed candidate not all that strong, resulting in Lampson becoming my representative again. Then came Olson. Olson is a nice enough fellow, but more like a copy made at the end of a mimeograph run than a real stand out representative. Even so, he demolished Lampson by just appearing on the ballot with an “R” by his name. Seems the 22nd district voters didn’t forget.
Wish I could sue Earle for alienation of representation.
The NappyOne
Way too little and too late. The job of DA involves huge power and almost nothing you'd call accountability; it is a natural magnet for pychopaths (Janet Reno, Scott Harshbarger, Martha Coakley, Nifong, Earle, Angela Corey, the lunatics behind that David Camm case which i going on right now.....)
What is needed in my estimation is this: We need to keep our jury system and the idea of an assumption of innocence but, otherwise, we need to entirely get rid of the "adversarial" system of justice along with the job of DA/Prosecutor, and adopt something like the "inquisitorial" system which the French use in which the common incentive of all legal officials in the picture is to figure out what actually happened, and determine punishment if warranted.
NOBODY should ever have any sort of a money or career incentive to simply put people in prison.
Travis County DA Ronnie Earle
aka, "Dances with chickens"
I wonder if there was any "choking" going on...
.
The campaign money came from a Texas Manufacturers Trade Association and the Abramoff money came from indian tribes.
Gale Norton, Sec of Interior, had to resign because she was getting some of that tribal money.
Way back then they said DeLay would be more likely to suffer because of Abramoff than he would because of the Texas campaign money.
What really suffered was DeLay's reputation as "The Hammer".
Turned out he really wasn't a hammer, he was controlling which republicans and which democrats got the Abramoff money.
Anyway, who cares? This is ancient history.
Ya think?? There were reports of the DA being gay way back when.
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