Judge dismisses one felony indictment but upholds another (Delay)

[losdiablosgato]

By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau

AUSTIN — A senior district judge today dismissed one felony indictment but upheld another against U.S. Rep. Tom DeLay, dashing DeLay's hopes for a speedy resolution to his case.

A quick ruling in DeLay's favor from Senior District Judge Pat Priest throwing the case out of court was crucial to the Sugar Land Republican's efforts to regain his post as U.S. House majority leader. He was forced to step down when he was indicted in September.

Priest had told DeLay's lawyers last month that if he upheld either of the indictments, he would be unable to hold a trial for DeLay before early next year.

House Republicans have indicated they wanted to hold a leadership election in January if DeLay was not cleared by then.

DeLay and two associates — John Colyandro of Austin and Jim Ellis of Washington, D.C. — were indicted on charges of conspiracy to violate the Texas election code, money laundering and conspiracy to commit money laundering in connection to 2002 legislative races.

Indictments returned in September and October accuse DeLay, Colyandro and Ellis of being involved in a scheme to flow allegedly illegal corporate money into 2002 Texas House races. The money laundering charges accuse them of running $190,000 in illegal corporate funds through the Republican National Committee.

[smb]

1. Twistin' In The Wind

[GrumpyGreg]

2. Is the case falling apart?

[radio4progressives]

7. i don't think so... money laundering is a huge crime.. n/t

[chelsea0011]

10. This was the main charge. Guilty means years in jail.

[Gregorian]

35. Five to life. Versus two for conspiracy.

Or so I have seen on the interwebby thing.

[HereSince1628]

13. No, I am guessing the prosecutor had a long reach, the judge

saw it the other way...

But from the perspective of someone subjected to sleezy Republican politics for 13 years, I am OK with this.

As long as every week there is a new indictment of a republican until 2008, the R's will spend more time defending themselves that wrecking the country. That's over 156 indictments I am still waiting on.

[MGKrebs]

3. Which one was dismissed?

Link please?

[radio4progressives]

9. conspiracy charges thrown out, money laundering upheld.. n/t

[radio4progressives]

4. moving america forward

let's nail these bastards..

[displacedtexan]

5. Link?

[rodeodance]

11. "Some Charges Against Tom Delay Dropped" Fox websit but no

click on story at this time.

http://www.foxnews.com/

[Caution]

6. The conspiracy charge would have implicated the national republican party

looks to me like they are sacrificing Delay to save the party now.

[McCamy Taylor]

8. Time to accuse this judge of being partisan. Bet his dad voted Dem.

From Grand Theft Election Ohio "The Bugman Cometh" an illustrated version of what Tom has been up to in Texas for those who cant quite make their way around politics in the Lone Star State.

http://www.grandtheftelectionohio.com/051205.htm

[losdiablosgato]

12. The Judge is a democrat.

[rodeodance]

14. nothing on cnn website yet.

[rodeodance]

16. conspiracy charge dismissed says msnnbc website (but no story yet).

[Bridget Burke]

46. The judge was selected by a DeLay supporter....

DeLay's lawyer objected to the original judge, an Austin Democrat. (Judges are elected in Texas, so none of them would be politically "pure.") The prosecution objected to the second choice--a big Republican donor.

Texas's Chief Justice, Wallace Jefferson, selected the "winning" judge--Pat Priest, a retired Democrat from San Antonio. Jefferson is a Republican with numerous ties to DeLay. Judge Priest made today's decision.

www.statesman.com/metrostate/content/metro/stories/11/4delay.html

The whole case was not thrown out & the trial will not take place immediately. This "delay" makes it more likely that another House Majority Leader will be named.

Poor Tom.

[Charlie Brown]

15. CNN breaking: Judge dismisses conspiracy charges but retains others

www.cnn.com

[donkeyotay]

17. Seems like a conspiracy to me. He couldn't launder the money by himself.

Indictments returned in September and October accuse DeLay, Colyandro and Ellis of being involved in a scheme to flow allegedly illegal corporate money into 2002 Texas House races. The money laundering charges accuse them of running $190,000 in illegal corporate funds through the Republican National Committee.

[AussieDave]

18. Link to Houston Chronicle story

http://www.chron.com/disp/story.mpl/front/3504045.html

[rodeodance]

20. "DeLay's hopes dashed for quick end to case" (Houston paper headline)

DeLay's hopes dashed for quick end to case
Judge dismisses one felony indictment but upholds another

By R.G. RATCLIFFE

Copyright 2005 Houston Chronicle Austin Bureau
AUSTIN — A senior district judge today dismissed one felony indictment but upheld another against U.S. Rep. Tom DeLay, dashing DeLay's hopes for a speedy resolution to his case.

A quick ruling in DeLay's favor from Senior District Judge Pat Priest throwing the case out of court was crucial to the Sugar Land Republican's efforts to regain his post as U.S. House majority leader. He was forced to step down when he was indicted in September.

Priest had told DeLay's lawyers last month that if he upheld either of the indictments, he would be unable to hold a trial for DeLay before early next year.

House Republicans have indicated they wanted to hold a leadership election in January if DeLay was not cleared by then.

[Beetwasher]

19. The CONSPIRACY CHARGE WAS SUPERFLUOUS!!!

People, remember the sequence of the indictments. Earle first indicted on the conspiracy charges and THEN on the more serious money laundering charges which, I believe also cover much of what the initial conspiracy charges were about (it was a conspiracy to commit the money laundering). The conspiracy charges were superfluous because they SUPERCEDED by the second indictment, so there was no need to go ahead w/ the first indictment. That's why the judge threw them out, it was merely a bit of administrative house cleaning I'll bet. No point in having the superfluous conspiracy charges when you've got it covered under the money laundering.

I could be wrong, but it seems this way to me, and I have yet to see the ruling or the judges explanation. I'd appreciate it if someone would post that if they've seen it.

[Media_Lies_Daily]

22. Excellent summary, and exactly correct! :-) Tom Delay....Buh-Bye!! :-)

[aint_no_life_nowhere]

33. The conspiracy charge WAS NOT dismissed

From the Yahoo article on this news item:

"In asking that the case be thrown out, DeLay lawyer Dick DeGuerin argued that one of the charges — conspiracy to violate the Texas election code — did not even take effect until September 2003, a year after the alleged offenses occurred.

Prosecutors, however, said the crime of conspiracy was already on the books, and could be applied to the election code even though such uses were not explicitly in state law at the time.

The judge was unpersuaded by that argument, and dismissed the conspiracy charge. But the judge upheld charges of money laundering and conspiracy to commit money laundering. Those charges involve an alleged attempt by DeLay to conceal the source of the campaign contributions by funneling the money through his own political action committee and then an arm of the
Republican National Committee.

Conspiracy to violate the election code carries up to two years in prison. Money laundering is punishable by five years to life. Conspiracy to commit money laundering carries two years."

To repeat:

"But the judge upheld charges of money laundering and conspiracy to commit money laundering."

That which was dismissed was a separate charge of conspiracy to violate the Texas election code. THAT conspiracy charge was thrown out because the law only came into being AFTER the alleged illegal activity occurred. But the actual money laundering AND conspiracy to money launder is still in and Delay will be tried on both money laundering and conspiracy to launder money, with a potential of 7 years to life in prison if found guilty.

[Peter Frank]

36. Thanks for the well written clarification... nt

[adarling]

21. Breaking: Delay Case-Judge throws out conspiracy charge..

holds up money-laundering charges though...

CNN breaking news

www.cnn.com

[Media_Lies_Daily]

23. The money-laundering charge also contains elements of the....

...earlier conspiracy charge. The remaining charge is MUCH more serious and has serious jail-time for Delay if convicted.

[NYC Liberal]

24. Exactly. The conspiracy charge was unnecessary

after the money laundering charge was made, since it's an even more serious crime. So now they're dropping it because they are going with the "upgraded" (so to speak) charge.

[rodeodance]

28. AP--DeLay's Money Laundering Charges Upheld

http://news.yahoo.com/s/ap/20051205/ap_on_go_co/delay;_ylt=AvQ.sWR3pNLnEs3.3nyYkxCs0NUE;_ylu=X3oDMTA3b2NibDltBHNlYwM3MTY-

By APRIL CASTRO,
Associated Press Writer

19 minutes ago

AUSTIN, Texas - A judge dismissed a conspiracy charge Monday against Rep.
Tom DeLay but refused to throw out the far more serious allegations of money-laundering, dashing the congressman's hopes for now of reclaiming his post as House majority leader.

Texas Judge Pat Priest, who is presiding over the case against the Republican, issued the ruling after a hearing late last month in which DeLay's attorney argued that the indictment was fatally flawed.

When he was indicted in September, DeLay was required under House rules to relinquish the leadership post he had held since early 2003. While Monday's ruling was a partial victory for DeLay, he cannot reclaim his post because he remains under indictment.

"The court's decision to dismiss Ronnie Earle's numerous charges against Mr. DeLay underscores just how baseless and politically motivated the charges were," DeLay spokesman Kevin Madden said, referring to the Democratic district attorney who brought the case.

[rodeodance]

29. DeLay's lawyer gets his mantra in also!

....."The court's decision to dismiss Ronnie Earle's numerous charges against Mr. DeLay underscores just how baseless and politically motivated the charges were," DeLay spokesman Kevin Madden said, referring to the Democratic district attorney who brought the case.

[BikeWriter]

32. I got a rope!

[Gregorian]

25. I faught the law and the..........law won.

two...three...four. Got repub, get some more.

[domlaw]

26. But the Freepers Celebrate

Any talk that this is still a bad bad thing is met with denial denial denial. LOL

[lovuian]

27. Bye Bye Majority Leader!!! and hello jail time!!!

Delay is going to jail!!!

[rodeodance]

30. one of the conspiracy charges still holds. "to commit money laundering."

...The judge was unpersuaded by that argument, and dismissed the conspiracy charge. But the judge upheld charges of money laundering and conspiracy to commit money laundering. Those charges involve an alleged attempt by DeLay to conceal the source of the campaign contributions by funneling the money through his own political action committee and then an arm of the Republican National Committee.

In trying to have those charges thrown out, the defense argued that the Texas money laundering law does not apply to funds in the form of a check, just coins or paper money. But the judge said that checks "are clearly funds and can be the subject of money laundering."

The defense attorneys also argued that the definition of money laundering in Texas involves the transfer of criminal proceeds. Because the money in this case was not illegal to begin with, they argued, money laundering never occurred.

But the judge rejected that argument.

[VegasWolf]

31. You have GOT to check the FReepers thread on this. I nominate it

for a Greatest All Time Thread. They start out singing and dancing like the morons they are. Fox "News" gives them an incomplete picture of what is happening. They post pictures of DeLay ice skating. Then slowly, like a fart spreading in a room, reality starts to step in. They become confused and disoriented and think that the money laundering charge is the least charge and it will be dismissed by nightfall. They become increasingly confused and state that DeLay really wasn't doing such a good job and Hastert should keep his new job ( idiots don't even know their own organization ).
They finally end up with mud all over their faces and stump around and say they are going to take their football and go home. This really is the funniest FR thread I have ever had the bad misfortune of reading. Pardon me while I go take a long steaming hot shower.

[RUMMYisFROSTED]

39. Usually how it plays out over there.

Sometimes this scenario takes years.


:dunce: 's

[joeunderdog]

41. It's like political porn, but funny!!!

Here's a few nuggets--First the euphoria:

The waling, gnashing of teeth, and renting for cloth at DU must be deafening.
DU will be seething! BUSH BOUGHT HIM OFF!!!>.........
Most excellent news. The Liberals and their media whores are in suicide watch.
Delay for President.
Another attempt to over throw the elected government has been thwarted.

Then the grim reality:

Oh wait, Fox is now correcting- "good news-bad news". Oh, well then- it's still good news
It's only part of the indictment per the News Alert at the bottom of the screen not the entire indictment. Of course Earle can always set up a new Grand Jury and indict him again for jaywalking, etc.
Most people would be amazed just how ignorant many judges are about the law.
The Republican caucus should dump this idea that someone indicted has to step down since indictments are so easy to obtain.
Unfortunately DA's have blanket immunity for prosecutorial misconduct.


Now THAT'S comedy!!!


and the wonderful picture to top it off...


Most fun I've had in a long time.

[WhiteTara]

43. hey vegas wolf! You forgot

the link so we can't play with you!

[VegasWolf]

44. Here you go, wouldn't want you to miss the fun -

http://www.freerepublic.com/focus/f-news/1534476/posts

[WhiteTara]

45. oh thanks...here's my favorite

one
And Lucy yanks the football away from Charlie Brown!!!
This is where someone just figures it out...:rofl:

[VegasWolf]

49. You are most welcome! I loved that one too!

:toast:

[Renew Deal]

34. OK

It is what it is. The money laundering is the clear charge.

[Rainscents]

37. Hang Delay Hang!!! You are going to JAIL!!!

[Melissa G]

38. K-n-R ! Just needs one more vote! n/t

[Dagaz]

40. almost impossible to prove

The judge laid out what the state has to prove and it's a lot. The checks between PACs are legal (as the judge specifically wrote) so they have to prove a conspiracy. So basically that means unless they have an email or an insider willing to come forth this is a dead case. The state has to provide evidence that there was intent to violate the law.

[gulliver]

42. Strange the judge would let a "dead case" stand.

Given the obvious harm to DeLay in keeping the charge alive, it strikes me that the judge must think the case has merit. But I'm no lawyer.

[moondust]

47. He'll enjoy laundering at Huntsville.

He's got the skills they're looking for.

[maseman]

48. Delay is going to trial

http://www.nytimes.com/2005/12/06/national/06delay.html?th&emc=th

HOUSTON, Dec. 5 - A Texas judge dismissed one charge against Representative Tom Delay on Monday but let stand two more serious charges, complicating Mr. DeLay's hopes of regaining his post as House majority leader when Congress resumes in January.

The judge, Pat Priest of San Antonio, handed Mr. DeLay and two co-defendants a partial victory in dismissing charges of conspiracy to violate the election code by making an illegal corporate contribution.


I love it. Merry CHRISTmas Mr. Delay.