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House Majority Leader Tom DeLay indicted on one count of criminal conspiracy by Texas


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http://www.cnn.com/2005/LAW/09/28/delay.investigation.ap/index.html

Texas grand jury indicts Tom DeLay

House majority leader, 2 associates charged with conspiracy

Wednesday, September 28, 2005; Posted: 12:55 p.m. EDT (16:55 GMT)

Rep. Tom DeLay could be forced to step down as House majority leader.

WASHINGTON (AP) -- A Texas grand jury on Wednesday charged Rep. Tom DeLay and two political associates with conspiracy in a campaign finance scheme, an indictment that could force him to step down as House majority leader.

DeLay's attorney Steve Brittain said DeLay was accused of a criminal conspiracy along with two associates, John Colyandro, former executive director of a Texas political action committee formed by DeLay, and Jim Ellis, who heads DeLay's national political committee.

The indictment against the second-ranking, and most assertive Republican leader came on the final day of the grand jury's term. It followed earlier indictments of a state political action committee founded by DeLay and three of his political associates.

The Texas grand jury has charged that corporate donations given to Texans for a Republican Majority Political Action Committee -- formed by DeLay -- were used to support state candidates in violation of state law. Texas law prohibits corporate money to be used to advocate the election or defeat of candidates; it is allowed only for administrative expenses.

Once DeLay helped Republicans win control of the state Legislature in 2002, the majority leader engineered a Republican redistricting plan that helped give the state's U.S. House delegation a 21-11 majority in the current Congress. The effort helped Republicans increase their House margin by five seats this year.

The grand jury action is expected to have immediate consequences in the House, where DeLay is largely responsible for winning passage of the Republican legislative program. House Republican Party rules require leaders who are indicted to temporarily step aside from their leadership posts.

However, DeLay retains his seat representing Texas' 22nd congressional district, suburbs southwest of Houston.

DeLay has denied committing any crime and accused the Democratic district attorney leading the investigation, Ronnie Earle, of pursuing the case for political motives.

Democrats have kept up a crescendo of criticism of DeLay's ethics, citing three times last year that the House ethics committee admonished DeLay for his conduct.

Earlier, DeLay attorney Bill White told reporters, "It's a skunky indictment if they have one."

As a sign of loyalty to DeLay after the grand jury returned indictments against three of his associates, House Republicans last November repealed a rule requiring any of their leaders to step aside if indicted. The rule was reinstituted in January after lawmakers returned to Washington from the holidays fearing the repeal might create a backlash from voters.

DeLay, 58, also is the center of an ethics swirl in Washington. The 11-term congressman was admonished last year by the House ethics committee on three separate issues and is the center of a political storm this year over lobbyists paying his and other lawmakers' tabs for expensive travel abroad.

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"Indicted Representative Tom DeLay is pushing his fellow GOP Representatives to support a $10 billion crash program to develop an AIDS vaccine. While welcoming the prospect of such a crash program, AIDS activists state that they had never been allowed inside DeLay's office until several minutes after the Congressman asked for -- and saw -- statistics about the incidence of AIDS among the Texas prison population."

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Guest Gichin13
Anyone want to bet he still get's re-elected?

Sad but true.

Was it Blue Talon that was discussing Delay with me a while back? I guess we will see what happens now. The original investigation was arguably politically motivated down in Texas, but a grand jury indictment puts some credibility into the mix ... although some people say the grand jury would indict the proverbial ham sandwich, so I guess time will still tell.

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Ronnie Earle doesn't have the cleanest track record, has been dogged by accusations of abuse of power his whole career, and has had mutliple convictions overturned becuase of his borderline and illegal tactics. I ain't sayin' DeLay's innocent (I don't know enough about the case to say either way), but the D.A. who's been after him for the last several years ain't exactly squeaky-clean himself.

Remind anybody else of another prosecutor who just kept on digging no matter how long it took?

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Ronnie Earle doesn't have the cleanest track record, has been dogged by accusations of abuse of power his whole career, and has had mutliple convictions overturned becuase of his borderline and illegal tactics. I ain't sayin' DeLay's innocent (I don't know enough about the case to say either way), but the D.A. who's been after him for the last several years ain't exactly squeaky-clean himself.

Remind anybody else of another prosecutor who just kept on digging no matter how long it took?

Umm, I am not saying your are wrong at all because I really have NO idea. But do you have anything to back up what you just said about Earle. Articles? Facts? Which were overturned and when was he accused of abuse of power? Again, I am not saying that you are not right, but I would like to see something on paper from a quality source.

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Follow-up, he has officially stepped down as Majority Leader as per the House Republican rules.

Indicted DeLay leaves House leadership post

By Hilary Hylton

AUSTIN, Texas (Reuters) - The second-ranking Republican in the House of Representatives, Majority Leader Tom DeLay, was indicted on Wednesday on a felony campaign-finance charge and temporarily stepped down from his post.

The powerful Republican, nicknamed "The Hammer" for his reputation as a tough party enforcer, could face up to two years in prison if convicted on the charge handed up by the Travis County grand jury in the Texas state capital, Austin.

DeLay was indicted on a single conspiracy charge tied to illegal fund-raising activities by Texans for a Republican Majority, or TRMPAC, a political action committee he created, the Travis County District Attorney's office said.

The indictment accuses DeLay and two alleged co-conspirators, John Colyandro and Jim Ellis, of engaging in a scheme to launder $190,000 in corporate donations through the Republican National Committee for distribution to Republican candidates for the Texas Legislature.

Texas law generally prohibits corporate money from being used for campaign activities.

Delay denied any wrongdoing.

House Republican rules require DeLay to give up his leadership position because of the indictment, although he can remain in Congress. Republicans had scrapped the indictment rule during the course of the DeLay probe, but then reversed the move this year following a public outcry.

DeLay, the second-ranking Republican in the U.S. House of Representatives, said in a statement: "I have notified the speaker that I will temporarily step aside from my position as majority leader pursuant to rules of the House Republican Conference and the actions of the Travis County District Attorney today."

ETHICAL QUESTIONS

The indictment is the latest in a recent spate of ethical questions involving high ranking Republicans or Bush administration officials. Last week, it was disclosed that Senate Majority Leader Bill Frist was under federal investigation for a stock sale.

Also, the top White House procurement official resigned days before his arrest last week on lying and obstruction charges in a probe of a 2002 golf trip he took, while serving in another administration post, with a Republican lobbyist.

Republicans in the House were expected later in the day to meet and select a successor to DeLay, who was first elected as majority leader in November 2002.

Among the possible contenders were: House Republican Whip Roy Blunt of Missouri, Rules Committee Chairman David Dreier of California and Education and Workforce Committee Chairman John Boehner of Ohio.

White House spokesman Scott McClellan called DeLay "a good ally, a leader who we have worked closely with to get things done for the American people.,"

"I think that the president's view is that we need to let the legal process work," he said.

Delay, who has represented a Houston-area district since winning election to the House in 1984, dismissed the charges as having "no basis in the facts or the law."

DeLay has said he was not involved in TRMPAC's day-to-day activities.

WITCH HUNT

He has frequently accused Travis County District Attorney Ronnie Earle, who has led the TRMPAC investigation, of conducting a political witch hunt and did so again on Wednesday.

"This indictment is nothing more than prosecutorial retribution by a partisan Democrat," he said.

DeLay's indictment was the latest in a growing line of charges related to TRMPAC.

On September 8, TRMPAC and lobby group Texas Association of Business were indicted on charges of illegally funneling corporate donations into 2002 elections for Texas Legislature.

Last year, Colyandro, Ellis and Warren Robold, all DeLay associates, were indicted in the case and are awaiting trial. They were charged with accepting a total of $600,000 in illegal corporate contributions.

TRMPAC's money and expertise helped Republicans win control of the Texas Legislature for the first time since the post-Civil War Reconstruction era.

At DeLay's urging, the Legislature then conducted a controversial remapping of congressional districts that resulted in more Republicans from Texas being elected to the U.S. House.

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So what do you all think about David Dreier as the short term replacement and perhaps doing so in the long term?

"GOP congressional officials said Speaker Dennis Hastert, R-Ill., will recommend that Rep. David Dreier of California step into those duties. Some of the duties may go to the GOP whip, Rep. Roy Blunt of Missouri. The Republican rank and file may meet as early as Wednesday night to act on Hastert’s recommendation."

http://www.msnbc.msn.com/id/9507677/

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Umm, I am not saying your are wrong at all because I really have NO idea. But do you have anything to back up what you just said about Earle. Articles? Facts? Which were overturned and when was he accused of abuse of power? Again, I am not saying that you are not right, but I would like to see something on paper from a quality source.

Don't know about quality,but I remeber this one ;)

http://www.spectator.org/dsp_article.asp?art_id=7151

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.

Malkins got a piece on it too

http://michellemalkin.com/

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?

Comstock adds:

Ronnie Earle has a history of using his office for attacks on his political and personal enemies.

·"The Travis County, Texas, prosecutor investigating Mr. DeLay has a history of using his office for partisan ends."(Congressional prerogative, The Washington Times, November 19, 2004)

·Earle has demonstrated a past zeal for indicting conservative figures and even liberals with whom he has personal or professional disagreements. (Target: DeLay, National Review, April 11, 2005)

Earle's partisan prosecutions - which have frequently failed - are designed for political harm, not legal harm. Earle is the same partisan prosecutor who politically indicted and failed to convict:

Senator Kay Bailey Hutchison

Conservative Democrat Bob Bullock (when he was Comptroller - later he was Lt. Governor)

Democrat Attorney General Jim Mattox

Ronnie Earle's three year political vendetta against Rep. DeLay has been marked by:

Illegal grand jury leaks,

A fundraising speech by Earle for the Texas Democrat party that inappropriately focused on the investigation,

Misuse of his office for partisan purposes, and

Extortion of money for Earle's pet projects from corporations in exchange for dismissing indictments he brought against them.

Ronnie Earle has been frequently criticized for his methods:

I say HANG EM ALL and le God sort it out :D

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I'm not sure about the political nature of this and all, but from what I've heard today on various tv stations and a lot of coverage, it looks like this particular case is fairly flimsly and the Republicans around Delay don't appear the least bit afraid of the outcome. I think it will not result in much. That is not to say that I like Delay, who I think is pretty slimey and generally a fairly crooked guy.

I just don't think this particular investigation will prove much. That said, the best thing for Delay to do here is to shut the hell up and stop commenting on the situation. The more he opens his mouth about it the more chance he gives himself of saying something pretty stupid. I don't much care for him anyway though, so that is his own problem.

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I think the prosecutor is loose with his definition of "proof".

I think Delay is guilty.

I wish for the day citizen politicians came back into being....

Every fund raising letter I send back says so...

97% sure I'm going Libertarian vote, legalized drugs or not.. *will not discuss this and hijack the thread so don't bother*...

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I think the prosecutor is loose with his definition of "proof".

I think Delay is guilty.

I wish for the day citizen politicians came back into being....

Every fund raising letter I send back says so...

97% sure I'm going Libertarian vote, legalized drugs or not.. *will not discuss this and hijack the thread so don't bother*...

I think you are correct...They are all bought and paid for time they get far in politics. :(

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I think I'm with Thiebear

I think he's guilty. (Heck, I know (The Force tells me) he's dirty, but not necessarily on these charges.)

I doubt the prosecutor can prove it. (This sounds like one of those cases where you can't prove it unless you had the guy wired for sound when it happened, and probably not even then. And the prosecutor's going to put the jury to sleep just trying to explain exactly what's illegal about this alleged crime.)

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