A second grand jury indicts
DeLay
Boston Globe/Knight Ridder
By R.A. Dyer
October 4, 2005
AUSTIN, Texas -- Representative Tom DeLay was indicted again yesterday --
this time on money laundering charges -- in an escalating criminal case that
has far-ranging political implications in Texas and Washington.
The new indictment accuses DeLay, a Texas Republican, of illegally
circumventing the state's law against corporate campaign contributions, and was
issued by a newly empanelled Travis County grand jury on the first day of its
term.
The new indictment follows on the heels of indictments against DeLay and his
associates by a separate Travis County grand jury on Sept. 28, the last day of
that grand jury's term.
DeLay called the new charge an "abomination of justice" by Travis County
District Attorney Ronnie Earle. It came just as DeLay's attorneys were filing a
motion to dismiss the first charge against him because the law he was alleged
to have broken was not in effect at the time of the alleged offense.
"Ronnie Earle has stooped to a new low with his brand of prosecutorial
abuse," DeLay said in a statement. "He is trying to pull the legal equivalent
of a 'do-over' since he knows very well that the charges he brought against me
last week are totally manufactured and illegitimate."
More than 40 grand jury indictments have been returned so far in Earle's 2
1/2-year investigation of Republican campaign tactics during 2002 State House
elections in Texas. The investigation centers on allegations that DeLay and
others circumvented Texas's prohibition against corporate campaign
contributions during those House races, which many then believed would be
close.
Specifically, DeLay, 58, is accused of conspiring with Jim Ellis of
Washington, D.C., and John Colyandro of Austin to convert $190,000 in donations
from several corporations into campaign contributions on behalf of seven
Republican state House candidates.
According to the district attorney's office, that corporate money was sent
from Austin to Washington, and then sent back to Texas in the form of
contributions to candidates for the state Legislature. Texas law makes it a
felony for corporations and labor unions to contribute to political
candidates.
Earle's office reports that the indictments returned yesterday accuse DeLay,
the former House majority leader, of both money laundering and conspiracy to
commit money laundering. The indictment also consolidates previous charges
against Colyandro and Ellis, and adds DeLay as a defendant to money laundering
charges.
The latest indictment carries a far stiffer penalty than the one handed down
last week.
If convicted on the money laundering charge, which is a first-degree felony,
DeLay would face a sentence of up to five years' probation to life in prison,
and a fine of up to $10,000. Conspiracy to commit money laundering is a
second-degree felony punishable by up to 20 years in prison and a fine of up to
$10,000.
By contrast, the original conspiracy indictment carried a sentence of two
years in a state jail and a fine of up to $10,000.
The new charges came just hours after DeLay's attorneys filed a motion to
dismiss the initial conspiracy charges against him.
DeLay's attorneys based that motion on the argument that the conspiracy
charge was from a law not in effect until 2003 -- the year after the alleged
money transfers.
"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 the indictment so that the political consequences
can be reversed," DeLay's attorney, Dick DeGuerin of Houston, wrote in a letter
to Earle.
University of Texas law professor George Dix, an expert in election legal
matters, said last night that he believes DeGuerin is wrong in maintaining that
the initial conspiracy complaint against DeLay was not valid in 2002, when the
indictment says the offense was committed.
The 2003 legislative session simply made explicit the somewhat "awkward
language" of the law that already made it a criminal conspiracy to agree to
violate election laws, Dix said.
DeLay has been forced to cede his position as House majority leader in the
US Congress. He is due to appear in a Travis County courtroom in Austin on Oct.
21 to formally hear the charges against him.
Democratic politicians were quick to condemn DeLay and the Republican
leadership.
"The second criminal indictment of Congressman DeLay is yet another example
that Republicans in Congress are plagued by a culture of corruption and
cronyism at the expense of the American people," said Jennifer Crider, press
secretary to House Democratic leader Nancy Pelosi, Democrat of California.
© Copyright 2005 Globe Newspaper Company.
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