DeLay Guilty of Money Laundering

Houston Press ^ | 11/24/10 | Unknown

[Non-Sequitur]

For five years, the case against Tom DeLay for money laundering through his Texans for a Republican Majority PAC has been seemingly trapped in the Texas courts facing pre-trial appeals. On November 1, it finally made it to trial and today the verdict is in: guilty on both money laundering and conspiracy to commit money laundering.

The slightly-less-than-humble DeLay lost his majority leadership in Congress after the indictment came down, but he has maintained his claims that this case was politically motivated throughout the entire process right up to defense attorney Dick DeGuerin's closing arguments.

The jury clearly didn't buy his argument and now DeLay is potentially facing life in prison on money laundering and conspiracy to commit money laundering charges. DeLay is accused of channeling $190,000 in corporate money through his Texans for a Republican Majority PAC in 2002 to aid GOP candidates.

[ichabod1]

I don’t recall any of them promising to clean up congress. We need Congressional Reformers. That is what we need.

[M Kehoe]

DeLay is potentially facing life in prison on money laundering and conspiracy to commit money laundering charges.

Unfortunately, Pablo Escobar would have a better chance staying out of jail if convicted of these charges.

I pray that I'm wrong, but there may be a tipping point in the coming years. Cowboys and muslims, no bag limit on liberals/progressives/communists/democRATS, I hope and trust I'm wrong.

5.56mm

[freekitty]

Wow, I didn’t either.

[SeattleBruce]

“Show trial by a political prosecutor in a leftist jurisdiction.”

So we can’t trust the outcome? LOL...

[deport]

The DA (Ronnie Earle) who began this case YEARS ago, retired this year

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I believe that Earle didn’t run for re-election in 08 thus retiring from the DA position. He offered the incoming DA his services on this case if he needed it as I recall.

[OldDeckHand]

"And you honestly believe that would stop a dem. lawyer/prosecutor or judge?"

Yes. I'm not a TX attorney, but I'm dubious that the state's case would have survived motion to dismiss the indictment (which surely would have been filed) with such a facial challenge to a case with such a glaring constitutional infirmity. And, even if the trial judge would have denied MTD (which wouldn't have happened, but even if it did), the interlocutory appeal would have prevailed.

IOW, it never would have made it to trial.

It would be like saying someone was convicted without being able to present a defense or cross-examine a witness. That would never happen, and this would never happen.

[txhurl]

and it was likely more in retaliation for DeLay’s role in redistricting than for any lawbreaking.

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99 years.

[ichabod1]

Left leaning? From what I’ve been seeing of Austin lately, I wouldn’t be surprised if they were able to get 12 out-and-out progressivists on that jury.

[smokingfrog]

What else is a PAC supposed to do?

Exactly. That's what I'd like to know.

The PAC collects the money and gives it to the candidates that they believe either need it or deserve it the most. As long as it is not some secret under the table money donation, what's the problem?

[bray]

More corruption in the justice system.

Pray for America

[boatbums]

I know! North Carolina's past Attorney General and two-term Democrat governor just worked out a plea deal on state and federal FELONY charges that included free flights that were unreported, a $137,000 “discount” on a waterfront lot, free private membership golf fees valued at over $50K, campaign money used for home improvements not accounted for in public disclosures and creating a cushy “job” for his wife at NC State University all while he was GOVERNOR.

He got away with a $1000.00 slap on the wrist fine but DeLay actually faces up to life in prison for less than $200k in PAC money going to other GOP candidates - not in his own pockets???!!! What is wrong with this picture?

[Verginius Rufus]

In San Francisco, Dan White shot and killed two Democrat politicians (Mayor Moscone and Harvey Milk) and got 8 or 9 years. DeLay should have used a Twinkie defense.

Speaking of money laundering, Hillary never did any time for receiving the $100,000 "cattle futures" bribe, and Janet Reno never saw any wrongdoing in Al Gore's collecting money from penniless Buddhist monks.

[OldDeckHand]

'I was stunned to hear he could be sentenced up to 99 years"

This problem isn't confined to Tom Delay. I have no idea if he's guilty or not. Let's stipulate that he is, just for argument's sake. Is this "crime" (if it's a crime at all), worth 99-years? Of course not.

This is a reflection of a runaway legislature (federal and state), criminalizing everything under the sun. Should campaign finance laws exist? Perhaps. Should they be crimes - as in illegalities that can send you to prison? No effing way. At best, this is a civil matter that should be punished in fines, disbarment, impeachment and prohibition against seeking elected office. Not everything that is illegal, has to come with a criminal penalty.

We should leave room in our prisons for people who should be there - rapists, robbers, murderers and the like. We don't have the time, money, or space to put politicians in jail, who at best, are guilty of raising money.

[txhurl]

I meant, start with Tilman Fertita, restaurateur.

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99 years.

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Marc Katz ‘Katzs’ Never Closes’, not sending his employees’ withholding to the Fed: 99 years.

[dfwgator]

The problem is the selectivity, Democrats never get punished, it’s only Republicans like DeLay and Duke Cunningham that do get punished.

[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]

[OldDeckHand]

'The problem is the selectivity, Democrats never get punished, it’s only Republicans like DeLay and Duke Cunningham that do get punished."

Tell that to former AL governor Siegelman(sp?). The feds went after him like dogs on a ham bone, and a LOT of his indictments centered around campaign finance laws.

No one wants to give a pass to crooked politicians. But, what happened to Delay and to a lessor degree Seigelman was ENTIRELY foreseeable when the campaign finance laws started to get written. They were an EASY pathway to the criminalization of the political process.

[Bad~Rodeo]

I couldn’t agree more. But just as most other states are facing severe budget deficits, Texas is no different. I expect the book will be thrown at Delay, appealed, won with a heavy fine imposed

[SeattleBruce]

“He got away with a $1000.00 slap on the wrist fine but DeLay actually faces up to life in prison for less than $200k in PAC money going to other GOP candidates - not in his own pockets???!!! What is wrong with this picture?”

It’s absurd and ridiculous, and now even the judiciary, like the press of old (although I’m not sure they ever were), is falling away from their calling to be ‘objective’. What a sad state of affairs it is.

[True Republican Patriot]

OBOZO and SOROS are Peeing in their Panties tonight! You better believe that! SOROS is the most dispicable of the NAZI WAR Criminals yet to be brought to Justice! and thanks to Glenn Beck for having the knowledge and COURAGE to expose this Horrific DIRTBALL and SKIMBALL!! the Scumball who hid his real name, George Schwartz and then he helped the Nazi’s ferret out their Jewish Prey! and send them to the Death Chambers! the same thing OBAMA wants to do with Our Senior Citizens with Government Death Panels!!