The problem with the DeLay conspiracy indictment: NO UNDERLYING OFFENSE
by Owen Courrèges · 09/28/2005 2:08 pmOver at the National Review’s Media blog, Stephen Spruiell notes the crucial flaw in Ronnie Earle’s indictment of Tom DeLay:
[T]his indictment is totally phony. Here’s why:
The indictment centers around a money swap that took place between the Texans for a Republican Majority PAC (TRMPAC), to which DeLay has ties, and the Republican National State Elections Committee (RNSEC). TRMPAC sent $190,000 to RNSEC, and RNSEC then sent the same total amount in seven checks ranging from $20,000 to $40,000 to Texas House candidates in 2002. Travis County DA Ronnie Earle, a Democrat, calls this money laundering, because the money that TRMPAC sent to RNSEC came from coporations, which are barred from contributing to campaigns in Texas.
What you won’t hear in the press is that A) This is a perfectly legal move, and B) the Democrats did the exact same thing. An Institute on Money in State Politics study reveals that on Oct. 31, 2002, the Texas Democratic Party did the same thing when it sent $75,000 to the Democratic National Committee (DNC) and received $75,000 back from the DNC the very same day.
Bottom line: Even people who aren’t fans of Tom DeLay should show some intellectual honesty and admit that this is an out-of-control prosecutor and a phony charge.
Over at Michelle Malkin’s blog, former DOJ official Barbara Comstock has a similar take:
According to the indictment, the conspiracy was to unlawfully make a political contribution of corporate funds to a political party within 60 days of an election.
The Texas Election Code clearly states that “A corporation or labor organization may not knowingly make a contribution [to a political party] during a period beginning on the 60th day before the date of a general election for state and county officers and continuing through the day of the election.” Title 15, Texas Election Code, § 253.104. Texas law also states in part that “A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement.”
The Problems with Earle’s case:
In an effort to contrive jurisdiction over DeLay, Earle charges that because Congressman DeLay may have known about the transaction before it occurred, he was then part of a conspiracy.
However, Earle’s office has sworn testimony and other exculpatory evidence showing that Congressman DeLay did not have knowledge of the transaction.
In addition:
No corporation or labor organization was indicted in this conspiracy. Neither Jim Ellis nor John Colyandro is a corporation or labor organization.
No corporation or labor organization made a contribution during 60 days of an election.
What constitutes a contribution under the Texas Election Code is not strictly defined.
Neither the RNC nor RNSEC constitute a political party under Texas election law. They are considered PACs, just as the DNC is.
Corporations in Texas could have legally made contributions to the RNC or RNSEC during the period in question under Texas election law.
There was no violation of the Texas Election Code. There was no conspiracy. The underlying transaction was legal. Had corporations sent money directly to the RNC or RNSEC, the transaction would be legal. How could anyone conspire to do indirectly what could legally have been done directly?
In short, Earle is indicting DeLay for conspiring to do something legal, although he has evidence that DeLay didn’t even conspire to do the legal thing. This is pretty brazen, folks. Earle may feel that this kind of activity ought to be illegal, or that a new interpretation of a criminal statute should arise to make it illegal, but the plain fact is that he wouldn’t be pulling this nonsense with a high-profile Democrat.
Tom DeLay is being indicted for one thing only — being the Republican House Majority Leader.
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44 Responses to “The problem with the DeLay conspiracy indictment: NO UNDERLYING OFFENSE”Search
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Feagan,
Where are the scumbucket comments? I thought you were into arguing cases with facts?
Mike you are too dumb for words. go ahead and defend Mr. Delay, Mr. Rove, Mr. Abramhoff. Please keep defending them right into the ditch. Check the polling numbers. Republicans are in a world of hurt. But people like you will defend them all becuase they are republican. Please keep it up. I implore you please defend them.
I didn’t defend anyone. I’m simply asking you to back up your assertions with logic and fact. That is not an unreasonable request.
Feagan,
Again, the attacks on those who differ in their viewpoints from you. Is that the best you can do is call people dumb when they don’t agree with you?
Feagan, are you shooting for a world record? What is the current record for “Regurgitations of Liberal Crapola on Blog Sites”? You must be closing in. Keep up the good work.
OH?
Popfowl, Sorry to be overly critical, but unless you are father to many chickens, you may want to change your name to “popfoul” which is a baseball term.
“Tom DeLay is being indicted for one thing only — being the Republican House Majority Leader.” Well there is one other reason Tom DeLay is being indicted. To further the political career of Ronnie Earle.
A few years ago this same democrat indicted Kay Bailey Hutchinson. Senator Hutchinson demanded and got a prompt trial. The jury found her not guilty in less than an hour. I’d suggest Speaker DeLay pursue the same course.
Until the Republicans start acting like men instead of ball less weasels I could care less if Tom Delay winds up in a dungeon with Lindy the Slave Mistress. Maybe this will rattle them to start fighting. Bunch of damn male interior decorators! All of them!! Not that there is anything wrong with that.
Now gregg,
The correct term is not ballless weasels, it is masculinely-challenged. Are we going to have to re-enroll you in sensitivity training? We can’t have any hurt feelings around here.
Owen,
I am not a fan of Tom Delay, but I suspect you are correct that these charges are legally without merit.
This is an interesting problem. Where does freedom of speech via campaign contributions and campaign finance reform begin and end.
I really do not want to see large corporations or unions being able to unduly influence elections, but it seems to me that the campaign finance laws have more holes than a doughnut factory.
All of this is a terrible waste of the taxpayer’s money because both parties have no interest in true reform.
Simple is as Simple does
no. 9
right on! The correct term is ballless weasels.
Now boys, lets be men about this. Don’t faint in the face of PC. To hell with PC!
rj
Yeah, OK, I’m with ya. It’s just fun to pretend to be PC sometimes. It illustrates the absurdity of it. But then, I rarely get my feeling (I only have one) hurt.
:->
everyone in prison is completely innocent just ask them, they will tell you…
Feagan - I don’t care what happens to Delay. However, what do you mean, “Check the polling numbers?” Dude, have you checked the House, Senate, and White House lately? You libs are getting shut out. It’s 3-0.
I think libs live in a fairy world. I’m not sure why, but it seems that all of the libs I know are either homeless, unemployed, or drug addicts. I’m not sure why that is, but it’s true.
I agree with cameraguy here - the only polls that matter are the elections…
You can’t swing a dead cat or in this case a dead skunk without hitting some politico that at a minimum have overdue parking tickets which is a jailable offense.
Increasingly the politicos, no matter the party, are as crooked as they come. It just sucks. And we vote the suckage into office.
No judgement on Delay. However CNN has already deemed him guilty. They spent 1 hour on the indictment which is about 55 minutes more than they ever spent on Clintons indictment.
Vote Guacamole
Vote Deke in ‘08 (for whatever)
Ahhh yes I love the smell of politics or should I say character assination in the air. Then again what do we expect? I hate to see this happen to Tom DeLay. IMO he and maybe one or two other Republicans in the Congress or Senate that have any backbone.
The Republicans only have themselves to blame for this tripe. They allow this crappola to go on. Instead of fighting fire with fire they gave up Newt and Trent Lott without a fight. The libs have learned that this crap works and they will not be held accountable by anyone. Oh there will be the cursory “golly gee whiz” comments from the usual Republicans who show up on the talk radio circuit decrying what a shame.
The Republicans are to blame because “they” agreed to McCain/Feingold which set this whole sequence of campaign finance laws up. The law of unintended consequences has been firmly applied. DeLay should be found innocent, however that does not matter now that he has stepped down. The Democrats have effectively removed him from power just the same.
President Bush is to blame. He has cowed to the Democrats in all areas of legislation and for what? NUHHTHING NADA ZIP. We as tax payers are going to get out collective wallets picked real soon when the bills start coming due.
It is a crying damn shame to see the Republicans in power in both houses and getting their collective gludii maximi kicked like step children. What a bunch of spineless bunch of jellyfish.
Can someone post a link to the actual indictment, so we can see it and make the determination for ourselves as to whether or not it is political posturing on Earle’s part or not?
As to the poster who suggests Earle’s indictment of democrats offers no proof he is political because democrats were all that were to be had back then, well, isn’t this the other side of the same coin? I don’t see many democrats around to indict today.
And before you jump to the conclusion I’m liberal or conservative, the label you paint me with means nothing. My vote is what matters. Show me you deserve it, I’ll give it to you. That’s all I ask from MY representatives, senators and presidents.
Here ya go doctormonroe it is pdf
http://i.a.cnn.net/cnn/2005/images/09/28/delay.indictment.pdf
Even if both parties do the same thing with fundraising, and if what DeLay did is deemed legal-DOES THIS MAKE IT RIGHT????? NO! Both parties use up an obscene amount of money in elections which inevitably ties them in with the sources of such money. Under influence from money on both sides!!!! If you cannot admit that the system is corrupt on a fundamental level, you are part of the problem too, Lonestartimes and all of your minions.
zach
I have already stated that today’s politician’s actions from a fundraising standpoint is certainly not above reproach. There’s at least the appearance of corruption enough to go around…
I am an LST minion????
Cool, I have never been a minion before…
I think gregg said it best.
Spineless.
And this is my party of choice?
It shows more every day the Repub’s are the geek punk kids you used for playground exercise. Not that I was bully but you know you witnessed it every day and you did nothing for fear of the bullies. You were raised better than them punks but you also valued your life and your lunch money both of which you gave up easily when you got shook down at your locker and don’t tell me you did not as I know better.
Later, it manifested itself into college and now the work place. Bullies seem to be managers and directors and you take it as BAU.
I speet on you cockaroches that let this happen.
Stand up and grow a set. Be a man and challenge the wrong. Oops. That might get you out the door and no medical insurance. Pussies.
Be a contractor for 7 years with no meds, no holiday pay, no paid vacations then come back and revisit Deke on this deal.
I think our reps got “pants’d” all of the time on the playground.
They suck at being real men and women. And so do some contributors to this blog.
Wimps. All of them.
Go Guacamole!
Vote Deke in “08
http://guacamolenow.blogspot.com/
camera guy says all libs he knows are drug addicts of homeless, or jobless. Nice, Tell that to Warren Buffet, Ted Turner. How about Billy Graham. yeah we are all losers. Funny the libs I know are small business owners. Doctors, Lawyers, pilots, teachers, preachers, farmers, CEO’s, Don’t know why that is, it just is.
Good call camera guy.
jimb, i should have used yall instead of you. but hey, i think you got my point. BOTH PARTIES use money flagrantly and at a level that frightens me. and should frighten YOU and everybody with the capacity to reason. The funding system for political campaigns should be totally reformed into a transparent, accountable system with REAL limits on contributions. what say ye?
oh, and camera guy showed how thoughtful he is. you ARE
the shiznit, guy.
To: mzachtx
“REAL limits on contributions”
Every time limits are placed on contributions free speech becomes more limited. I donate to organizations, political parties, and politicians that voice my opinions or I choose to represent me.
You might say where I place my money is my voice. Don’t like it? I could care less. You also are limited. Why should anyone be restricted in where they choose to spend their money anyway? George Soros donated 260 million dollars to moveon.org and who do you think their candidate of choice was? Why should I not be able to fund my candidate directly to fend off the accusations from opponents?
If money is limited then you leave the information that is distributed to the national media, those are real bastions of objectivity. While I do not care for Ralph Nader it is more disturbing to me the hoops he had to jump through to be palced on state ballots. It disturbed me more that he was shut out of the debates. He was on the ballot of 36 states. The two party system that we have now effectively quashes third party candidates and true INDEPENDANTS.
I could care less about any party. It is not beyond the realm of possibility that a man or woman could start a grass roots movement that is neither Republican or Democrat and be shut out because of the limitations you propose.
mzachtx says:
The funding system for political campaigns should be totally reformed into a transparent, accountable system with REAL limits on contributions.
I agree with this. It will be supremely difficult for politicians to police themselves on this, however. I am not holding my breath.
On the other hand, the current campaign finance regulations have enough loopholes in it to where convicting DeLay and company will be very difficult. I stand, also, by my earlier opinion that this indictment is first and foremost a political weapon.
I still like the idea of being a minion, too…
If there is a lawyer in this bunch let him rule on the legality of the indictments. If not, speak not of that which you do not know. I have never seen a bigger bunch of ill-formed theories in my entire life. He is a bully who is getting what he deserves.
Delay’s indictment seems reasonable to me.
It appears Colyandro and Ellis, who both worked for Texans for a Republican Majority, DeLay’s PAC, in which he maintains a position of command and control, channeled corporate contributions to the RNC through the RNSEC, via at least one check drawn on an account into which corporate contributions had been deposited. Ellis and Colyandro are both Directors of the PAC. DeLay’s involvement seems less clear, but there’s no doubt he founded the PAC, and I’d be hard-pressed to believe he didn’t exercise a command and control function of some sort when the activities complained of were going on. This may be a little speculative on Earle’s part, but the Grand Jury bought it, and they must have had some evidence. As we all know though, a decent prosecutor can indict a ham sandwich. This hurts DeLay. It doesn’t kill him.
Corporate contributions to our political process are problematic, regardless of who is giving the money and to whom. I’ve often wondered what it would be like to limit contributions to $10.00 per individual, and to limit spending of these funds to $100,000.00 per campaign. All other expenditure could be based on Federal or State grants, which a candidate would automatically qualify for if they are able to secure enough signatures on a petition to put them on the ballot. This is ill-thought out to say the least, but it would avoid the kind of antics BOTH parties engage in. If DeLay’s capture moves the agenda forward as far as reforming our political financing system in the US goes, then his capture is a good thing.
For the record, I do NOT think political campaign contributions are a form of political speech. Arguments posited for the view they are seem to me exercises in sophistry, designed to advance the agenda of those with the most money.
Again, for the record, Democrats are as guilty as Republicans in this regard. But that isn’t today’s news.
Here’s the original complaint filed by Texans for Public Justice: http://www.tpj.org/press_releases/trm_complaint_letter.html
And here’s a link regarding DeLay’s “leadership” role at the Texans For A Republican Majority
http://www.commoncause.org/atf/cf/%7BFB3C17E2-CDD1-4DF6-92BE-BD4429893665%7D/DELAY013A.PDF
Sqwakbox in regards to post 28
Sing it brother… sing my praises…
The biggest political stance I will ever take and scream from my soapbox is this two party dominated system. Especially when the the candidate choices time and time again leave much to be desired. I believe the laws should be changed to give every party a equal playing field and then let natural selection and peoples good sense weed out the idiots.
No. 30,
The last thing we need is a lawyer giving his/her opinion (ruling). We can, collectively, figure things out ourselves.
Our leaders in Austin and Washington are lawyers and look at the mess our State and Country is in.
No thanks!
rj
Owen, isn’t it a federal offense to misuse legal authority? If Earle is guilty of such conduct, wouldn’t he also be in line for an indictment, too?
jeffd
Myself included. I am disturbed in this consolidation of power. I trust the wisdom of the American people to choose. The politicos in power on both sides of the aisle don’t. Each state has the right and obligation under law to set the requirements to be placed on a ballot, that is Constitutional. When I heard the statement that Ralph Nader was not going to be allowed in the debates because he did not "POLL" strong enough according to the Commission on Presidential Debates. Nader was on the ballots of over 30 states.
I do not care for Ralph Nader and I would not vote for him. "But Squawk, why are you defending Nader then?" Thanks for asking. As I mentioned Nader busted his hump to get on 30 plus states ballots. Based on poll results and arbitrary rules set by some commision not chosen by the people of the United States his voice was effectively silenced. I am a strong believer in the Constitution and freely admit that I have voted republican only because they "said" policy that I believe in. Nader made it on over 50% of the states ballots. What will happen to the man that has the where with all to make it on all 50 states ballots?
The statute makes it an offense to do so within sixty days of the election. TEC 253.104(b). We must assume the funds were channeled during the proscribed window. I neglected to mention this in the previous post. My mistake.
The second prong of the analysis is the payment of the channeled funds BACK to campaigns in the State. So the charge is:
(a) Payment from corporations to TFRM.
(b) Payment of those funds to RNC/RNSEC.
(c) Payment of those funds to candidate’s campaigns for state office.
(d) Within sixty days of the election.
Prove those things, along with DeLay’s knowledge, and he’s cooked. I heard he looked pretty shaky today. Didn’t he break the 11th commandment here? Watch for distancing manoeuvers by his former “friends”. Ain’t politics grand.
Ya know, they say things always come back around. I remember the Dems crying about Ken Star like we are crying about Ronnie Earl. Some times that Karma thing comes back and bites ya in the ass.
“Whats good for the goose is good for the gander” as my pappy always said.
It all depends on whose ox is being gored…
Tom Delay and the rest of the team, both Republicans and democrats, are all in together for themselves, their lobbyists and those who fund their elections.
Americans must get their Congress back.
Enough is enough.
Amen to that.
Let’s hear it for the minions!