Texas grand jury indicts DeLay - Again

[lynn]

The Double Whammie!

Texas grand jury indicts DeLay on new charge
House Majority Leader charged with money laundering

A Texas grand jury indicted U.S. Rep. Tom DeLay on a new charge of money laundering Monday, less than a week after another grand jury leveled a conspiracy charge that forced him to temporarily step down as House majority leader.

AUSTIN, Texas - A Texas grand jury on Monday indicted U.S. Rep. Tom DeLay on a new charge of money laundering.

A different grand jury whose six-month term ended last week indicted him on a conspiracy charge, forcing DeLay to temporarily step down as House majority leader.

Both indictments accuse DeLay and two political associates of conspiring to get around a state ban on corporate campaign contributions by funneling the money through the DeLay-founded Texans for a Republican Majority Political Action Committee to the Republican National Committee in Washington. The RNC then sent back like amounts to distribute to Texas candidates in 2002, the indictment alleges.

The new charge was the first action from a new Travis County grand jury, which started its term Monday. Another grand jury, which ended its term Sept. 28, handed up 41 indictments in the three-year investigation.

The new indictment comes hours after DeLay's attorneys filed a motion to dismiss the first case. That motion was based on the argument that the conspiracy charge against DeLay was based on a law that wasn't effective until 2003, the year after the alleged money transfers.

“Since the indictment charges no offense, and since you have professed not to be politically motivated in bringing this indictment, I request that you immediately agree to dismiss the indictment so that the political consequences can be reversed,” attorney Dick DeGuerin wrote in a letter to Travis County District Attorney Ronnie Earle.

The judge who will preside in DeLay's case is out of the country on vacation and couldn't rule on the motion. Other state district judges declined to rule on the motion in his place, said Colleen Davis, a law clerk to Austin attorney Bill White, also represents DeLay.

No effect on the conspiracy charge?
George Dix, a professor at the University of Texas law school who is an expert in criminal law and procedure, said he doesn't believe changes made to the Texas election code by the 2003 legislature have any effect on the conspiracy charge.

The penal code's conspiracy charge allows for the charge if the defendants allegedly conspired to commit any felony, including an election code felony.

Just because the election code was “silent” on the penal code provision until 2003, it doesn't mean it wasn't a valid charge before 2003, Dix said.

“To me it just says, ‘We really mean what we said implicitly before,’” Dix said.

© 2005 The Associated Press.

[lynn]

I'm trying not to get too carried away here, but I can't help but feel a little giddy!

These guys have systematically tampered with the Texas Legislature in order to jerrymander a republican majority. Hope they all spend a few years in jail.

Unfortunately, the guys that got elected by these shinannigans can't be booted out of office.

[tristano's ghost]

Poor Tom is the innocent victim of a partisan political smear. Don't you read the rightwing blogs? The guy's a freakin' Boy Scout... in fact, that's probably why the left hates him so.

[frankiepop]

JESUS CHRIST! KEEP YOUR EYE ON HIS BALLS.

i think dr dave is right! better keep your eyes on tom delay's balls!

[jesus marion joseph]

Based upon what I have heard reported on teh radio, this is apparently the equivalent of what civil litigators refer to as "pleading in the alternative". In other words, they've indicted under a different statute for the same act, in case the first indictment is dismissed, or is untenable at trial. All the same, not good news for an elected official.

[GoodSpeak]

Gee wiz.

Poor, poor Tom Delay.

[tsk, tsk]


Just another victim of the Democratic corporate money machine.




What a shame.


















Psssh.

[frankiepop]

Originally Posted by jesus marion joseph

Based upon what I have heard reported on teh radio, this is apparently the equivalent of what civil litigators refer to as "pleading in the alternative". In other words, they've indicted under a different statute for the same act, in case the first indictment is dismissed, or is untenable at trial. All the same, not good news for an elected official.

on the otherhand, it's possible the money laundering statute may walk on its own legs right with the other charge since it at least appears to have decidedly different elements....

whether they can link delay to these crimes is one question. nonetheless, this may be some serious shit.

(e) An offense under this section (money laundering) is: ...
(2) a felony of the second degree if the value of the
funds is $20,000 or more but less than $100,000; or
(3) a felony of the first degree if the value of the
funds is $100,000 or more.

[jesus marion joseph]

Originally Posted by frankiepop

on the otherhand, it's possible the money laundering statute may walk on its own legs right with the other charge since it at least appears to have decidedly different elements....

Good point. It's entirely possible that he could get hooked on both charges.

[GoodSpeak]

Now there's a surprise.

[Paul B]

The "Hammer" is starting to look like a nail...and a crooked one at that.