Tom Delay's Attempt to Destroy the Grand Jury
Rep. Tom DeLay's attorneys filed a subpoena Thursday seeking the testimony of grand jurors, including those who indicted the former House majority leader and those who rejected charges.
DeLay's legal team wants to prove prosecutorial misconduct by District Attorney Ronnie Earle, who they say "shopped around" the campaign finance case against DeLay to three different grand juries before finding one that would indict DeLay on money laundering and conspiracy charges.
State law prohibits prosecutors from attending grand jury deliberations, but the defense alleges that Earle unlawfully participated in the second grand jury's deliberations and tried to force those grand jurors to indict DeLay. Earle denies the allegations.
Grand jury testimony is secret and Earle does not have to release transcripts unless he's ordered to by a court, so the defense has asked Senior Judge Pat Priest to allow the grand jurors to testify.
DeLay's legal team points to a flurry of grand jury activity beginning with his initial indictment Sept. 28 on a charge of conspiring to violate state campaign finance laws in 2002.
A second grand jury considered the case after questions were raised about whether the appropriate law was used to indict DeLay. That panel did not indict.
Days later, a third grand jury indicted DeLay on more serious money laundering and conspiracy charges. That grand jury is still seated and is under oath not to discuss their proceedings.
Earle has said he went to the third grand jury after finding new evidence, which he didn't specify. In court documents, Earle maintains that the prosecutorial misconduct allegation is not a sufficient reason to violate grand jury secrecy.
Delay lawyer Dick DeGuerin said he would be prepared to argue the misconduct case at a Dec. 27 pretrial hearing with or without grand jury testimony.
"I don't think it's make or break, but it's very, very important," DeGuerin said. "We have other outside evidence to present."
Also Thursday, DeGuerin sought to delay the filing of court records in an appeal by Earle until after the December hearing.
The judge dismissed the conspiracy charge against DeLay that was linked to the state election code and part of the indictment charging conspiracy to launder money. Earle has appealed.
Once court records in that case are released to an appeals court, Priest loses jurisdiction and would have to wait to consider pretrial motions, including the misconduct claim, until the appeal is resolved.
"We don't want that to happen yet, until Judge Priest has an opportunity to rule on pretrial motions," DeGuerin said.
Earle has declined to discuss the case with reporters in recent weeks. A spokesman for Earle's office did not return phone calls seeking comment.
DeLay wants a quick resolution of the charges so that he can try to regain the powerful majority leader seat he was forced to give up when the charges were brought.
In a letter to attorneys last week, Priest said he probably wouldn't separate the charges because both arise from the same alleged offense and would involve "virtually identical evidence."
DeLay, 58, and two GOP fundraisers, John Colyandro and Jim Ellis, are accused of illegally funneling $190,000 in corporate donations to 2002 legislative candidates. Under Texas law, corporate money cannot be directly used for political campaigns, only for administrative purposes.
Money laundering is punishable by five years to life in prison. Conspiracy to commit money laundering carries two years.
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Sooo, Tom DeLay, in his attempt to keep his own sorry ass out of jail and hold on to his power in Congress, is even willing to destroy the Grand Jury system?! What happens if he succeeds?
This would mean that anyone sitting on a Grand Jury, no matter the case, must be aware that their discussions and deliberations are open to the whims and demands of the person that they have indicted. This is tantamount to dismantling the judicial order of this country as we know it.
It would seem to us that if there was improper presence or discussion during the deliberations then one of the Grand Jurors would be in the front of this line and pushing a judge or other Grand Jury to open an investigation.
DeLay will stop at nothing to satisfy his hunger for power, and this proves it. He knows he's done a very bad thing, and he's going to fry for it. He may not go to jail for it, but his political career is finished.
That's really all we should care about at this point. Take away a man's power when he has so much of it, and he's as good as dead anyway.
R.I.P. Bug-boy...
...TheScribes...
DeLay's legal team wants to prove prosecutorial misconduct by District Attorney Ronnie Earle, who they say "shopped around" the campaign finance case against DeLay to three different grand juries before finding one that would indict DeLay on money laundering and conspiracy charges.
State law prohibits prosecutors from attending grand jury deliberations, but the defense alleges that Earle unlawfully participated in the second grand jury's deliberations and tried to force those grand jurors to indict DeLay. Earle denies the allegations.
Grand jury testimony is secret and Earle does not have to release transcripts unless he's ordered to by a court, so the defense has asked Senior Judge Pat Priest to allow the grand jurors to testify.
DeLay's legal team points to a flurry of grand jury activity beginning with his initial indictment Sept. 28 on a charge of conspiring to violate state campaign finance laws in 2002.
A second grand jury considered the case after questions were raised about whether the appropriate law was used to indict DeLay. That panel did not indict.
Days later, a third grand jury indicted DeLay on more serious money laundering and conspiracy charges. That grand jury is still seated and is under oath not to discuss their proceedings.
Earle has said he went to the third grand jury after finding new evidence, which he didn't specify. In court documents, Earle maintains that the prosecutorial misconduct allegation is not a sufficient reason to violate grand jury secrecy.
Delay lawyer Dick DeGuerin said he would be prepared to argue the misconduct case at a Dec. 27 pretrial hearing with or without grand jury testimony.
"I don't think it's make or break, but it's very, very important," DeGuerin said. "We have other outside evidence to present."
Also Thursday, DeGuerin sought to delay the filing of court records in an appeal by Earle until after the December hearing.
The judge dismissed the conspiracy charge against DeLay that was linked to the state election code and part of the indictment charging conspiracy to launder money. Earle has appealed.
Once court records in that case are released to an appeals court, Priest loses jurisdiction and would have to wait to consider pretrial motions, including the misconduct claim, until the appeal is resolved.
"We don't want that to happen yet, until Judge Priest has an opportunity to rule on pretrial motions," DeGuerin said.
Earle has declined to discuss the case with reporters in recent weeks. A spokesman for Earle's office did not return phone calls seeking comment.
DeLay wants a quick resolution of the charges so that he can try to regain the powerful majority leader seat he was forced to give up when the charges were brought.
In a letter to attorneys last week, Priest said he probably wouldn't separate the charges because both arise from the same alleged offense and would involve "virtually identical evidence."
DeLay, 58, and two GOP fundraisers, John Colyandro and Jim Ellis, are accused of illegally funneling $190,000 in corporate donations to 2002 legislative candidates. Under Texas law, corporate money cannot be directly used for political campaigns, only for administrative purposes.
Money laundering is punishable by five years to life in prison. Conspiracy to commit money laundering carries two years.
-----------------------------
Sooo, Tom DeLay, in his attempt to keep his own sorry ass out of jail and hold on to his power in Congress, is even willing to destroy the Grand Jury system?! What happens if he succeeds?
This would mean that anyone sitting on a Grand Jury, no matter the case, must be aware that their discussions and deliberations are open to the whims and demands of the person that they have indicted. This is tantamount to dismantling the judicial order of this country as we know it.
It would seem to us that if there was improper presence or discussion during the deliberations then one of the Grand Jurors would be in the front of this line and pushing a judge or other Grand Jury to open an investigation.
DeLay will stop at nothing to satisfy his hunger for power, and this proves it. He knows he's done a very bad thing, and he's going to fry for it. He may not go to jail for it, but his political career is finished.
That's really all we should care about at this point. Take away a man's power when he has so much of it, and he's as good as dead anyway.
R.I.P. Bug-boy...
...TheScribes...
posted by ScribesUnlimited | 6:51 AM
1 Comments:
It occurs to me that DeLay really should stop being an asshole. However, I doubt after all the deception he will. He may even be able to escape conviction in court.
However, I'm wondering just exactly how he's going to escape conviction for supporting human rights violations in Saipan among the other extraordinarily unethical acts he's committed. Maybe someone can shed some light on that...???
Tom DeLay really is an asshole.
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