The problems with Earle's case against DeLay
Hurricane Wilma will be with us in 48 hours, but I had to comment on the farce that is House Majority Leader Tom DeLay's indictment in Texas by a rabidly partisan district attorney, Ronnie Earle.
A Travis County grand jury indicted U.S. House Majority Leader Tom DeLay on one count of criminal conspiracy, but only after: Ronnie Earle dismissed two other juries because they could find no wrong-doing, then went into a tirade with the third jury and screamed at them to find at least one indictable charge. They did.
Misuse of office
A history of Ronnie Earle is in order here. This purely political investigation has been marked by illegal grand jury leaks, a fundraising speech by Ronnie Earle for Texas Democrats that inappropriately focused on the investigation, misuse of his office for partisan purposes, and extortion of money for Earle's pet projects from corporations in exchange for dismissing indictments he brought against them.
Ronnie Earle's previous misuse of his office and partisan grandstanding has resulted in failed prosecutions. It should be noted that shenanigans of this type against political opponents is an Earle trademark. Earle's 1994 indictment against Senator Kay Bailey Hutchison was quickly dismissed and his charges in the 1980s against former Attorney General Jim Mattox - another political foe of Earle's - fell apart at trial.
So what's wrong with Ronnie Earle's case against Tom DeLay? Department of Justice official Barbara Comstock explains:
"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."
However, 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, S 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."
According to Comstock, the Earle case is therefore ridiculous and thus purely political because:
1. 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;
2. No corporation or labor organization was indicted in this conspiracy. Neither Jim Ellis nor John Colyandro (associates also indicted) is a corporation or labor organization;
3. No corporation or labor organization made a contribution during 60 days of an election, and what constitutes a contribution under the Texas Election Code is not strictly defined;
4. Neither the RNC nor RNSEC constitute a political party under Texas election law. They are considered PACs, just as the DNC is; and
5. 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?
Manufacturing charges
Ronnie Earle began this investigation in 2002, after the Democrat Party lost the Texas state legislature to Republicans. For three years and through numerous grand juries, Ronnie Earle has tried to manufacture charges against Republicans involved in winning those elections using arcane statutes never before utilized in a case in the state. This indictment is nothing more than prosecutorial retribution by a partisan Democrat.
And what's even more more amazing is the fact that the presiding judge is a friend of Earle's and also a member of and financial donor to Moveon.org - one of billionaire George Soros' radical leftist groups that is now selling t-shirts displaying DeLay's mug shot. The judge refuses to recuse himself from the case.
The people of Texas must be mighty proud of Democrat Ronnie Earle and his hip-pocketed judge - mighty proud.