I guess that the guarantees of the US and Texas Constitutions regarding the right to a speedy trial are null and void if you are a Republican politician being prosecuted persecuted by Travis County prosecutor prostitutor Ronnie Earle.

A state appeals court has rejected motions filed by U.S. Rep. Tom DeLay to help him get a speedy trial, an essential step in the Sugar Land Republican's efforts to regain his congressional leadership post.

In an order made public today, the intermediate appeals court rejected DeLay's bid to be tried on a money laundering charge while prosecutors appeal the dismissal of a related charge accusing DeLay of violating the election code.

DeLay's attorneys said they would take the matter to the state's highest criminal appeals court.

The panel of two Democrats and one Republican also overruled a motion to expedite the appeal by shortening the time for filing briefs from the customary 20 days per side to five days.

DeLay's lead lawyer, Dick DeGuerin, said DeLay will seek emergency relief from the Court of Criminal Appeals.

``We're not through. We're going to the top,'' said DeGuerin.

The reality is that the dismissed charge is fatally flawed in that the statute allegedly violated did not go ino effect until after the alleged firnancial transaction -- thereby making the charge a violation of the constitutional prohibition on ex post facto application of the law. In addition, the effects of delaying the trial impact not just Tom DeLay, but also the voters of his district (this delay means the trial will not be complete until after the March primary, and possibly not until after the November election) and the House GOP caucus (GOP caucus rules -- but not Democrat rules -- require that an indicted member relinquish leadership roles until after acquittal). As a matter of justice, the trial needs to begin immediately.

Posted by: Greg at 03:57 PM | No Comments | Add Comment
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