Rouge prosecutor Ronnie Earle had his mountain of subpoenas thrown out by a Texas court today. It seems the stay in the case that he had demanded!

A state appeals court today threw out more than 30 subpoenas requested by Travis County prosecutors building a criminal case against U.S. Rep. Tom DeLay, saying the investigation should have stopped in December when a district judge halted proceedings in his court.

District Attorney Ronnie Earle has been issuing the subpoenas ever since Senior District Judge Pat Priest dismissed all or part of three indictments against DeLay, R-Sugar Land. Earle appealed Priest's ruling, and the judge stayed the case pending a ruling by the Third Court of Appeals.

Most of the subpoenas involved political fund-raising controversies that have involved DeLay, some dating back to 1996.

After Earle subpoenaed records from DeLay's wife, Christine, DeLay's legal team asked Priest to quash the subpoenas. Priest told DeLay lawyer Dick DeGuerin that the case was stayed while on appeal, so he would neither halt Earle from issuing subpoenas nor would he enforce them.

DeGuerin then asked the appeals court to intervene.

"Because the state has obtained a stay in the proceedings ... we hold that subpoenas may not issue compelling witnesses to testify and produce documents at the stayed proceedings," the order by a three-judge panel said.

The panel, which is scheduled to hear Earle's appeal on March 22, said Earle may not issue any more subpoenas while the stay is in effect; ruled all the ones issued after the stay are "null and void;" and any subpoenas issued before the stay are suspended while the appeal is pending.

The unsigned order was issued by Judges Bea A. Smith, David Puryear and Alan Waldrop. Smith is a Democrat. Puryear and Waldrop are Republicans who are up for re-election this year.

What more evidence do you need that this guy is out of control and on a political fishing trip? First he attempts an ex post facto prosecution of actions in 2002 under a statute that did not go into effect until 2003. Then he ignores fundamental rules of procedure. Can we just get all charges dismissed and this Democrat demogogue disbarred?

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