In an unwarranted move to delay consideration on an important legal issue, Judge Pat Priest yesterday cancelled a December 27 hearing at which he was to have considered prosecutorial misconduct charges against Travis County prosecutor Ronnie Earle in seeking a second indictment agaisnt Congressman Tom DeLay.

A state judge said Saturday he will not immediately consider separating two criminal charges against Rep. Tom DeLay (R-Tex.) to allow an early trial, another blow to the former House majority leader's hopes of regaining his post.

Earlier this month, Judge Pat Priest dismissed a conspiracy charge against DeLay but refused to throw out more serious allegations of money laundering. Travis County District Attorney Ronnie Earle served notice Monday that he intends to ask an appeals court to reinstate the conspiracy charge.

DeLay's attorneys had hoped Priest would separate the charges in an effort to move forward on the money-laundering charge while waiting for the appeals court decision.

DeLay, who denies wrongdoing, has been pressing for a quick resolution to his case so he can regain the majority leader's position before his GOP colleagues reconvene in late January and call for new leadership elections.

Priest rejected the defense bid on Saturday, saying he would not act until after the state's 3rd Court of Appeals rules. Priest also canceled a Dec. 27 hearing at which he was expected to consider the defense team's allegations of misconduct against prosecutors who brought the charges.

Now I don't find Priest's decision not to sever the charges to be unreasonable, despite the potential for violating DeLay's right to a speedy trial. As he notes in his ruling, appeals courts are supposed to expedite decisions in cases regarding dismissals of indictments. However, his failure to consider the misconduct allegations raises the specter of a second dismissal of charges and a second appeal by Earle -- which would further slow the process in a manner that makes a mockery of DeLay's right to a speedy trial.

DeLay's two co-defendants in the alleged scheme to violate a ban on corporate contributions to Texas candidates are not seeking a speedy trial. Priest said that although DeLay may be entitled to sever the charges, he thinks that "to go to trial on his case alone would require at least two trials where otherwise one would suffice for all three defendants."

"Out of considerations of judicial economy, I have determined to let my decision concerning a severance of counts wait until after the Third Court of Appeals of Texas, sitting at Austin, has made its ruling," Priest wrote.

Priest noted that state law directs the appeals court to give precedence to this sort of appeal, and he said he is "confident the court will act with all reasonable dispatch."

DeLay, in Washington on Saturday, said the judge's ruling does not mean the case will drag on for months. But even an expedited appeal could take six weeks, said his attorney Dick DeGuerin, of Houston, dimming the congressman's prospects for a January trial.

DeGuerin said he plans to file a motion Monday morning asking the appeals court to dismiss the appeal.

The desire of DeLay's co-defendents not to seek a speedy trial has, from what I can see, no bearing upon the right of DeLay to a speedy trial. Furthermore, the timing of the indictment brought by the partisan hack from Austin was intended to get the trial heard right during the heart of election seaso here in Texas, in an obvious attempt to influence the outcome of DeLay's race and those of other Republican cnadidates/

DeLay said Earle is being driven by a "living hate" and "makes so many mistakes he's actually helping us expedite this process." The congressman commented on the latest legal twist in his case after attending a closed-door meeting in the U.S. Capitol with fellow House Republicans, who were discussing the completion of legislative business.

DeGuerin also said Saturday that he thinks Earle is bringing the appeal solely to postpone the trial.

"I disagree with the judge's ruling, but what I'm most upset about is that the state is being so unscrupulous about how they're doing everything they can to drag this out, make it last as long as possible," he said.

What we have here is a political prosecution brought by the lowest form of vermin infesting the judicial system -- a corrupt prosecutor. Judge Priset should reconsider his cancellation of the December 27 hearing and issue a ruling on the prosecutorial misconduct charge at the earliest opportunity, so that the appeal of that ruling and the earlier dismissal of a charge of violating a non-existant stute can be heard at the same time, vindicting the right of Tom DeLay to a speedy trial.

Posted by: Greg at 11:30 AM | No Comments | Add Comment
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