October 04, 2005

A Note On The New DeLay Indictments

Ronnie Earle certainly raised the stakes with this charge, and in the process made it even more clear how partisan this indictment is.

While DeLay kept up his drumbeat on television and radio about partisan prosecution, the biggest effect of the new indictment on the criminal case was to make the case harder for prosecutors to prove. Most of the underlying allegations remain the same, but prosecutors now must prove DeLay conspired to launder money, a first-degree felony that carries a maximum life term. The previous conspiracy charge was a state-jail felony with a two-year maximum.

"They've upped the stakes," DeGuerin said.

The reindictment also consolidated DeLay's case with that of two associates, John Colyandro of Austin and Jim Ellis of Washington, on the same charges, according to a statement from Earle's office.

First, the goal now is to destroy Tom Delay personally, not just politically, for daring to stand up to Earle’s political thuggery. Second, by consolidating the cases Earle is seeking to make sure that the jury gets confused as to who did what, making it more likely that the jury will convict DeLay of something because “he must have done something if he is on trial with these other two guys.”

The other interesting detail is that Earle ran the new indictments past members of the expired grand jury over the weekend, after their term was over.

Prosecutors ran the idea of a money-laundering indictment against DeLay by the previous grand jury by phone over the weekend, sources close to the investigation said.

I’m curious – doesn’t that violate ethical and legal restrictions on disclosing material from an investigation and of grand jury proceedings to those outside the process, since the folks consulted were no longer part of a live grand jury? Isn’t that simply one more indication of how far this unethical little weasel from Travis County will go to overthrow the will of the majority of Texans – and the voters of the 22nd Congressional District?

UPDATE: National Review’s Media Blog has an interesting analysis of the new charges and why it may be that Ronnie Earle is again overreaching in an attempt to get a conviction where no actual criminal activity took place. It is also noted that the transaction that took place is substantially similar to other transactions that took place involving groups on both sides of the political fence – with the Democrats converting twice the dollar amount as the Republicans did.

Posted by: Greg at 03:22 PM | No Comments | Add Comment
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