DeLay case stays alive — at least most of it

Tom DeLay and his legal team needed a Texas judge to throw out the charges against him quickly so he could return to the Hill and fight anew to regain his leadership post.

Unfortunately for DeLay, the judge said no.

A judge dismissed the conspiracy charges Monday against Rep. Tom DeLay but refused to throw out the money-laundering counts, dashing the Texas congressman’s hopes for now of reclaiming his post as House majority leader.

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.

This isn’t a huge surprise; the conspiracy charge was always the weakest element of the case against DeLay, but the money-laundering counts are where DeLay has a real problem. After all, DeLay practically admitted to his role in the problem.

DeLay said he was also generally aware of a plan to shift money between Texas and Washington. It called for pulling together $190,000, sending it up to Washington and getting the same amount sent back to Texas for state election campaigns.

According to matching accounts provided separately by the sources, DeLay was asked whether such a deal happened and responded yes. Asked if he knew beforehand that the deal was going to happen, DeLay said yes. Asked how he knew, DeLay said that his longtime political adviser, [James] Ellis, came into his office, told him it was planned and asked DeLay what he thought. DeLay told Earle that he recalled saying, “Fine.” He added that he knew it was corporate money but said it was fine because he thought it was legal.

We learned in October that Ronnie Earle offered DeLay a plea bargain deal whereby the lawmaker could plead guilty to a misdemeanor and save his job as House majority leader, but DeLay and his legal team rejected the offer. It was the wrong move.

And now, the fight to be the next Majority Leader will begin in earnest. It could get ugly. Pass the popcorn.

Is he guilty? I haven’t the foggiest. Being a Republican or Democrat has no bearing upon any person’s inclination or propensity to violate election finance laws. But being the corpus of law the convoluted rubix cube, shutes-and -ladders, gregorian knot that it is, even the cleanest politician can’t be sure he hasn’t sailed into mine-infested waters.
This is why I think McCain-Feingold is a shuck and jive. What the hell distinction is there between administrative expenses and other expenses a political campaign pays for? Who the fuck knows. I sure as hell don’t. And how the hell is corporate money any better or worse than a nonprofit org’s money, or a partnership’s money, or money from a trust, or money from a union, or just a really rich fat cat with friends? Does anyone actually think any major politician has sat down and read this law? Hell no, some lawyer billing 450 an hour tells himThis is why I believe that there should be no other campaign law than this: 100% disclosure of every gift, and no limitation on the gifts. As they say “give ’em enough rope…” The American people can tell who is “bought off”- and their wrath can be felt in the ballot box.

  • But being the corpus of law the convoluted rubix cube, shutes-and -ladders, gregorian knot that it is, even the cleanest politician can’t be sure he hasn’t sailed into mine-infested waters.

    force majure, I suspect what what you mean is

    The Gordian Knot [which] is a metaphor for an intractable problem, solved by a bold stroke (“cutting the Gordian knot”).

    And yes getting corporate money into Texas politics was a Gordian Knot which DeLay is accused of cutting by funnelling it through his federal PAC. To believe that this is an honest mistake one must believe that DeLay thought that he had found a legitimate loophole in the law. That stretches credulity too far.

    Thanks for keeping us posted on the latest feverish spin from the right.

    Oh yes, one other point. Chutes-and-Ladders is a simple children’s game recommend for ages 3-10 years. Do mean to imply that DeLay isn’t up to the intellectual challenge of a three year old’s game?

  • Oh boy! Texas has it’s shortcomings but tepid political theatre isn’t one of them. Retribution served up with hush puppies and black eyed peas will make a tasty snack, (and bring good luck!), in the new year. And hopefully as we get to open more Fitzmas goodies, we will get a chubby little stocking stuffer as well:

    http://www.dailykos.com/story/2005/12/5/191443/784

    Please Santa. It would be the bestest gift ever.

  • Yes rege, thanks for the correction. I wasn’t sure on the spelling to begin with, but couldn’t find it in Black’s.
    The reference to chutes and ladders is probably a local usage (I’m familiar with the game) not used in your neck of the woods. The slang implies that you start in one place, and turn and twist in a journey to somewhere else.
    And don’t construe my comments too strongly for DeLay, but yes, I do think he probably believed that he had a loophole that he could exploit. And that doesn’t stretch credulity at all. Do you have any idea how many lawyers and accountants there are who are absolutely rich from fees paid by others to navigate them through the tax code, or the NAFTA tariff schedule, or the latest WTO tariff schedule, or some environmental regulation, etc? These people are always pushing the envelope on what they can get away with and not break the law. Some push too hard and cross the line. If y’all think there isn’t some Democrat out there trying everything he can to win without making an outright violation (or doing so and having the arrogance to think you’re untouchable, as I’d sadly wager is the case with DeLay), then you’re sorely mistaken.

  • force majure, I look forward to DeLay’s trial. If you are right we can expect to hear from the accountants and campaign lawyers that gave DeLay the go ahead. Certainly, if he thought he had found a loophole he would want to run it past at least one expert. On the other hand, if he didn’t consult any experts, then that suggests he knew that it was not legitimate and did not want to be told so. I can wait for a few months to find out.

    Yes there are corrupt politicians of all persuasions, but it seems that the Republican field is so fertile that we’ve got a bumper crop from it this season.

  • Last night I attempted to leave a comment. Something went wrong. Now my name and email address are appearing in the “Leave a comment” fields of ALL your articles.

    This is some kind of technical glitch. I do not appreciate having my name and email address displayed for all to see. Please correct your website ASAP!!!

  • bosco,

    Your “cookies” allow your name and email address to appear on “your” comment page. I see mine (name & email) but I don’t see yours.

    Cookies and bosco–all your need is George Constanza and a glass of milk.

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