And then there were three (DeLay indictments)

Last week, we learned that Tom DeLay’s transfer of $190,000 from TRMPAC to the RNC and then back to TRMPAC’s candidates in Texas was enough to get the up-until-recently House Majority Leader indicted. Yesterday, the situation got worse for DeLay. Much worse.

A Texas grand jury indicted Rep. Tom DeLay (R-Tex.) yesterday for alleged involvement in money laundering related to the 2002 Texas election, raising new and more serious allegations than the conspiracy charge lodged against the former House majority leader last week. […]

[O]n Monday, a different grand jury — which had no prior involvement in the case — brought the new charges, which roughly match allegations made against two of DeLay’s political associates one year ago.

The two new indictments deal essentially with the same allegations as last week’s indictment, but instead of simply dealing with a conspiracy charge, DeLay is now dealing with more serious allegations. In fact, the two new indictments cover money-laundering (a first-degree felony) and conspiracy to commit money-laundering (a second-degree felony). While the maximum penalty for the conspiracy charge was two years behind bars, DeLay could face life in prison if convicted on these new charges.

One of the interesting elements of yesterday’s developments is that the indictments were issued through a brand-new grand jury who had convened just yesterday morning. Indeed, prosecutors convinced the grand jury to bring these new, more serious, charges literally within a few hours. DeLay’s team insisted that this is proof that the charges are flimsy. There is, however, another interpretation.

Craig McDonald, director of the Austin-based Texans for Public Justice — a group that tries to fight the influence of money in politics — said the speed of the indictment could be evidence that the case is “pretty cut and dry.”

“The crime is simple,” he said. “Perhaps the evidence is simple too.”

When Ronnie Earle told reporters last week that his investigation was continuing, he apparently wasn’t kidding.

If Earle was so inclined, he could ring DeLay up for racketeering.

Money laundering is a chargeable offense under RICO–and if there were two or more instances of racketeering within a decade, DeLay could get racked up for that–and face an additional 20 years in prison.

I doubt Earle would try to RICO DeLay simply because it would be too politically explosive, especially since we’re dealing with a Democratic DA indicting a Repub power broker. Just thought we should know about the kind of hot water the Bugman’s in.

  • On the other hand, grand juries often tend to be little more than rubber stamps. There may be something to the speculation that the new indictments were brought because of legal deficiencies in the original conspiracy charge. Whatever the motivation, though, if Earl can make these new charges stick, it will be yet another nail in the rapidly closing coffin of Bush and his cronies.

  • I think Earle just out maneuvered Deguerin. I was about to post a comment to this effect, but emptywheel over at Kos beat me to it. Go have a look.

  • Darrell, I’m not a lawyer, but RICO is federal statute. Earle is a county DA in Texas. A RICO prosecution is not available to him.

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