Texas Rainmaker » Tom Delay Indicted

Tom Delay Indicted
September 28th, 2005 11:55 am

Via the Austin American Statesman. Here’s the indictment. Delay’s office issues this statement.

Let me begin by telling my mother publicly… “you were right”. If he’s convicted of something, then send him away. Then do the same with all the other politicians in similar circumstances. And watch how quickly the Left tosses aside the “innocent until proven guilty” idea.

Don’t forget, this indictment is the product of Ronnie Earle who has used this case as a campaign fundraiser.

What is an indictment?

It’s a list of charges given to the court that a grand jury (a group of citizens summoned by jury commissioners who are appointed by a district judge) thinks ought to be brought against the defendant. However, the defendant is not represented by counsel and does not have the right to call witnesses during the process. In practice, a grand jury rarely acts in a manner contrary to the wishes of the prosecutor.

What is alleged in this indictment?
Under the Texas Election Code (Sec. 253.003, Sec. 253.094 and Sec. 253.104), it is unlawful for a corporation or labor union to contribute to a political party for campaign purposes within 60 days of an election. The allegation is that corporations donated money to Delay’s state PAC during the period of prohibition, then Delay’s PAC sent such funds to the RNC, who turned around and then used that money to fund Texas Republican candidates. This is not illegal. Earle knows this, but is aiming for the political impact of headlines like “Delay Indicted”. Unfortunately the false impression created by this indictment will last long after the charges are laughed out of court.

Why is the indictment coming out now?
The date of the indictment is September 13, 2005, exactly 3 years to the day of the alleged offense - because there is a 3 year Statute of Limitations. After 3 years of coming up with nothing on Delay, it appears Ronnie Earle tried a last ditch effort to secure an indictment, even if not based in fact at all.

What does a Ronnie Earle indictment mean?
Based on history, not much. Earle’s last foray into politicized prosecution in 1993 turned into a huge embarrassment when he went after Senator Kay Bailey Hutchison (R-TX), who was then Texas Treasurer. Earle made a series of trumped-up charges, including that the demure Hutchison had physically assaulted an employee. Earle dropped the case during the trial. In addition, his charges in the 1980s against former Attorney General Jim Mattox - another political foe of Earle - fell apart at trial.

Don’t forget Earle dropped felony charges against several corporations indicted in the current probe in return for the corporations’ agreement to make five- and six-figure contributions to one of Earle’s pet causes.

What’s funny is this “money laundering-like conspiracy” charge… the only charge Earle could get in front of a Grand Jury is based on an action that is standard practice in politics:

Now Travis County district attorney Ronnie Earle, a Democrat with a history of bringing politically motivated indictments, has indicted three DeLay aides who ran a political action committee called Texans for a Republican Majority PAC. Perhaps recognizing that indicting DeLay himself 41 days before an election would be just too transparent, Earle instead indicted the three underlings for allegedly directing corporate contributions to Texas legislative candidates in 2002.

At stake in 2002 was control of the Texas legislature, which was to redraw congressional district lines. Corporate contributions to legislative candidates are illegal in Texas. The DeLay aides stand accused of violating that prohibition, along with eight companies like Sears Roebuck that provided the funds. The corporate money, however, never went to the candidates. Instead, it went to a much larger fund for state elections controlled by the Republican National Committee in Washington. That committee made contributions to Texas legislative candidates, constituting what Earle now charges is “money laundering.”

The only problem is that similar transactions are conducted by both parties in many states, including Texas. In fact, on October 31, 2002, the Texas Democratic Party sent the Democratic National Committee (DNC) $75,000, and on the same day, the DNC sent the Texas Democratic Party $75,000. On July 19, 2001, the Texas Democratic Party sent the DNC $50,000 and, again on the same day, the DNC sent the Texas Democratic Party $60,000. On June 8, 2001, the Texas Democratic Party sent the DNC $50,000. That very same day, the DNC sent the Texas Democratic Party $60,000.

We Republicans in Texas find this whole thing bittersweet. Democrats had dominated state-level politics since Reconstruction. Had Tom Delay not been as effective in breaking up the Democrats’ institutional stranglehold-via-gerrymandering, he wouldn’t have had this huge target on his back and attracted partisan hacks like Earle. But had he not been so effective, we’d also still technically be a blue state.

Update:

See Former DOJ official Barbara Comstock’s take on this at Michelle’s site.

Update 2:

Looks like Ronnie Earle gave a film crew “extraordinary access” to make a motion picture about his work on the case. Earle “allowed us behind the scenes when the indictments came down last year, the first wave of indictments,” Schermbeck says. “We got to follow him back to his home a couple of times, which I understand he doesn’t allow anybody to do.”

Others:
Junkyard Blog thinks there may be other legal and juridictional problems for Earle here.

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