Posted on 10/03/2005 10:29:57 PM PDT by YaYa123
Travis County prosecutors rushed Monday to fix problems with an indictment against U.S. Rep. Tom DeLay by charging the Sugar Land Republican with the first-degree felony of money laundering.
Last week a Travis County grand jury ended its term by indicting DeLay on a charge that accused him of conspiring to violate state campaign finance laws. The problem with that indictment, according to DeLay's lawyers, was that the conspiracy law did not apply to the election code in 2002. The Texas Legislature changed the law, which went into effect Sept. 1, 2003.
That left Travis County District Attorney Ronnie Earle and his assistants presenting a complicated case to a group of grand jurors on their first day of meeting.
Prosecutors hoped to fix the problem by reindicting DeLay on charges that he conspired to launder corporate money into political donations. In 2002, the conspiracy law applied to money laundering.
DeLay's lawyers knew about the problem with the indictment but waited until midafternoon Monday to file a brief asking a judge to dismiss it.
(Excerpt) Read more at statesman.com ...
Earle has just shown his hand for ALL to see --- vendetta against DeLay.
It's really easy...and worth the trouble.. to sign in at the Austin Statesman site to read the rest of this article.
Earle has been chasing DeLay for 2 years...DeLay scored his first hit with his first filing against Earle in the first week of the indictments.
Earle doesn't even have a clue how badly this is going to turn out for him (and his corrupt Austin staff is going to take a hit, too). He's in way over his head here.
"Since the indictment charges no offense, and since you have professed not to be politically motivated in bringing this indictment, I request that you immediately agree to dismiss this indictment so that the political consequences can be reversed," DeGuerin wrote.
snip
There also probably will be a fight over whether the three-year deadline for indicting DeLay has expired.
In a letter to Earle, DeGuerin said DeLay is withdrawing his waiver of the statute of limitations to investigate him. Last month DeLay signed that waiver in an attempt to head off an indictment.
Life in prison is hardball, the GOP needs to get into the game.
Dear Earle:
You're a dummy.
Signed, Tom
Oh, and I wonder how the grand jurors are going to feel now that they realize they've been had.
How many bites at the apple will it take before they even get the simple stuff right? This appears to be rank prosecutorial mischief by Mr. Earle.
Tries to get an indictment for two years and screws it up.
Then comes-up with something bogus to cover it up.
Can't this man be brought up on ethics charges and disbarred?
"There also probably will be a fight over whether the three-year deadline for indicting DeLay has expired. In a letter to Earle, DeGuerin said DeLay is withdrawing his waiver of the statute of limitations to investigate him. Last month DeLay signed that waiver in an attempt to head off an indictment."
If at first you're indictment doesn't succeed, indict, indict again....
I was talking to our old chief of police last night about RICO. It was about the Boston Arch Diocese but the standards apply here. You need two convictions before you can charge an organization under RICO. If the Travis D.A. can get both charges to stick, watch for Ronnie earle to go after the RNC with RICO. The "climate of corruption" talking point is more than just a talking point.
Anyone know how grand juries are selected in TX? I thought I heard recently something about judges being allowed to handpick grand jurors. Anyone know if that's the case?
From an Esquire story on "Who the Hell is Ronnie Earle?"
Michael Barone called him "a partisan Democrat who has done some really rotten political prosecuting."
Andrew Napolitano called him "sort of a renegade prosecutor in Texas" and said that was being polite, since there was actually a basis for calling him a "political crackpot."
..
Bob Bullock said, "Ronnie Earle only bathes and shaves in election years."
<-------- Visit Stingray blogsite for conservative Christian commentary
Seems to me that DeLay's lawyers could have waited until Wednesday to file this brief. That way the statute of limitations would have expired (last check was issued October 4, 2002) and Earle couldn't rush the money laundering charge like he did on Monday.
How did Travis county elect this goober? what about all the defendants he prosecutes who have clueless public defenders representing them in unconstiutional prosecutions and not tough defense lawyers?
Malicious Prosecution comes to mind. Should such a charge stick, poor old Earl may very well lose any protection and immunity, both criminally and civilly.
The only thing worse than a corrupt DA ...
is a stupid corrupt DA.
Ronnie Earle ... ding ding ding, we have a winner.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.