DeLay PAC Is Indicted For Illegal
Donations
Washington Post
By R. Jeffrey Smith
Washington Post Staff Writer
Friday, September 9, 2005; Page A03
A grand jury in Texas indicted yesterday a state political action committee
organized by House Majority Leader Tom DeLay (R-Tex.) for accepting $120,000 in
allegedly illegal corporate campaign contributions shortly before and after the
2002 elections that helped Republicans cement their control of the House of
Representatives.
The indictment follows a lengthy investigation in Austin that previously had
targeted the defunct political action committee's executive director, John
Colyandro. He was indicted last year for accepting illegal corporate donations
and for illegally laundering $190,000 in corporate funds through the Republican
National State Elections Committee that later wound up in the hands of Texas
Republican candidates.
The criminal charges are based on a Texas election law, akin to rules in 17
other states, that strictly bars political contributions from corporations for
election purposes. But according to evidence submitted in a related civil
trial, the committee, Texans for a Republican Majority (TRMPAC), raised and
spent at least $523,000 in corporate funds -- most of which were not reported
to state election officials.
The funds paid for surveys, mailings, receptions, candidate investigations
and probes of Democratic candidates that helped Republicans gain control of the
Texas House for the first time in 130 years, and enabled them to redraw the
state's congressional districts in 2003 in such a way that Texas voters elected
five more Republicans to Congress in 2004.
DeLay, who was a member of the committee's advisory board, signed
fundraising solicitations and participated in at least one conference call to
discuss the committee's plans, was not named in the indictment. He also has not
been publicly identified as a target of the continuing investigation by Travis
County District Attorney Ronald Earle.
DeLay spokesman Kevin Madden responded to the indictment with a written
statement saying that it "is limited to a political organization and does not
affect Mr. DeLay."
Madden also disclosed for the first time that DeLay had "voluntarily" talked
to Earle's office about the investigation last month, and that DeLay said then
that his involvement in the committee's activities was "limited to serving on
the political action committee's advisory board along with other elected Texas
officials and . . . appearing at fundraising events."
Madden said DeLay "assured the district attorney's office that he was not
involved in the day-to-day operations of TRMPAC, and to his knowledge all
activities were properly reviewed and approved by lawyers" for the
committee.
When asked yesterday about DeLay, however, Earle said at a news conference
that he was hampered in bringing charges by a provision of the election law
that gives him direct authority only over residents of Travis County. He has
separately said he does not face that limitation with respect to bringing new
charges under the state money-laundering statute.
DeLay's residence is in Fort Bend County, where the prosecutor is an elected
Republican, John F. Healey Jr. If Earle found evidence of criminal wrongdoing
by DeLay under the election statute, he could only pass on the information to
Healey with a recommendation that he pursue the matter.
Earle has not done so, several sources said yesterday, but has until the end
of this month to decide the matter under a three-year statute of
limitations.
The grand jury singled out two contributions that it said the committee
illegally accepted -- a $20,000 contribution from AT&T Corp. on Nov. 18,
2002, and a $100,000 contribution from the Alliance for Quality Nursing Home
Care Inc. on Oct. 24, 2002. The latter donation generated considerable
controversy in Texas political circles after local newspapers reported that
state Rep. Tom Craddick accepted it in a white envelope from the head of a
large Texas nursing home chain during a meeting at a Houston restaurant.
Craddick's attorney, Roy Q. Minton, said that Craddick -- who was later
elected speaker of the House and in that role oversaw the redrawing of
congressional districts -- immediately passed the check along to TRMPAC. "Just
because the guy happens to be speaker of the House does not mean it's against
the law," Minton said.
Terry Scarborough, an attorney for TRMPAC before it formally went out of
business this summer, declined to comment on the committee's indictment. Four
additional indictments by the grand jury separately accused the Texas
Association of Business with accepting additional illegal corporate funds and
coordinating its expenditure with TRMPAC. Attorneys for the association have
denied wrongdoing.
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