I haven't seen the comments of Former DOJ official Barbara Comstock (from Michelle Malkin's site) posted on FR. These comments show that there was no crime at all, zero, nothing. Here are those comments:
Ronnie Earle argues that Tom DeLay conspired to make a contribution to a political party in violation of the Texas Election Code. There was no contribution to a political party in violation of the Texas Election Code. There was no conspiracy. Ronnie Earle is wrong on the facts. Ronnie Earle is wrong on the law.
According to the indictment, the conspiracy was to unlawfully make a political contribution of corporate funds to a political party within 60 days of an election.
The Texas Election Code clearly states that "A corporation or labor organization may not knowingly make a contribution [to a political party] during a period beginning on the 60th day before the date of a general election for state and county officers and continuing through the day of the election." Title 15, Texas Election Code, § 253.104. Texas law also states in part that "A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement."
The Problems with Earle's case:
In an effort to contrive jurisdiction over DeLay, Earle charges that because Congressman DeLay may have known about the transaction before it occurred, he was then part of a conspiracy.
However, Earle's office has sworn testimony and other exculpatory evidence showing that Congressman DeLay did not have knowledge of the transaction.
In addition:
No corporation or labor organization was indicted in this conspiracy. Neither Jim Ellis nor John Colyandro is a corporation or labor organization.
No corporation or labor organization made a contribution during 60 days of an election.
What constitutes a contribution under the Texas Election Code is not strictly defined.
Neither the RNC nor RNSEC constitute a political party under Texas election law. They are considered PACs, just as the DNC is.
Corporations in Texas could have legally made contributions to the RNC or RNSEC during the period in question under Texas election law.
There was no violation of the Texas Election Code. There was no conspiracy. The underlying transaction was legal. Had corporations sent money directly to the RNC or RNSEC, the transaction would be legal. How could anyone conspire to do indirectly what could legally have been done directly?
Pinging blurblogger: catch Doneel's post 322. =]
I think this entire mess is backfiring the same way NOLA did.
You found some important material here, I think. Good find! Michelle Malkin is doing great work these days, and FReepers are swamped right now. She's absolutely on target to quote an authority on Texas law. That's critical on the DeLay matter. Blurblogger just pinged your post to some heavy hitters on another thread.
It's very foturnate I stumbled into it.
FRegards....