Tom DeLay corruption investigation

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The Tom DeLay corruption investigation led by Texas Travis County District Attorney Ronnie Earle led to the indictment of Tom DeLay in 2005 on criminal charges of conspiracy to violate election laws in 2002 by a Travis County, Texas grand jury. In accordance with Republican Caucus rules, DeLay temporarily resigned from his position as House Majority Leader, and on January 7, 2006, after pressure from fellow Republicans, announced that he would not seek to return to the position. [1]

DeLay publicly denied the charges, saying that the actions of Earle, a Democrat, have partisan motivations. [2] After DeLay moved to dismiss all charges, trial judge Pat Priest dismissed one count of the indictment, which alleged conspiracy to violate election law. However, Judge Priest denied DeLay's motion to dismiss the more serious charges of money laundering and conspiracy to engage in money laundering, and the prosecution is proceeding on those charges.

Contents

[edit] Background

In the reapportionment following the 1990 census, Texas Democrats drew what Republican political analyst Michael Barone argued was the most effective partisan gerrymander in the country. The Democrats won 70 percent of the Texas congressional seats in 1992, the first year in which the new districts were in effect, while taking half of the total number of votes cast for Congress statewide. After the 2000 census, Republicans sought to redraw the district lines to support a GOP majority in the congressional delegation while Democrats desired to retain a plan similar to the existing lines. The two parties reached an impasse in the Texas Legislature, where Republicans controlled the Senate and Democrats controlled the House. As a result the new district lines were drawn by a three judge federal court panel that made as few changes as possible while adding the two new seats.

In 2001 the Texas Legislative Redistricting Board (a panel composed of the state's Lieutenant Governor, Comptroller, Speaker of the House, Attorney-General, and Land Commissioner) redrew state legislative districts in accordance with the census. The new map that was adopted by the Republican-dominated board gave the GOP an edge in winning the Texas House of Representatives, still controlled at that time by the Democrats. During the 2002 elections under these new maps, DeLay aggressively raised money for Republican candidates under TRMPAC.

In October 2002, Texans for a Republican Majority made contributions, through several channels, to Nelson Balido of San Antonio ($2,000), Byron Cook of Corsicana ($2,000), Wayne Christian of Center ($2,000), Rick Green of Dripping Springs ($2,000), and Eddie Shauberger of Liberty ($2,000), among others.[3] It has since been alleged that TRMPAC was used to funnel illegal corporate donations into the campaigns of Republican candidates for State Representative.

The GOP victories in 2002 resulted in their control of the Texas House in addition to the Senate. As a result, the Texas Legislature was called into session in 2003 to redistrict the state's congressional lines in favor of the Republican Party. A number of Democrats left the state, going to Oklahoma, and later New Mexico, to deny a quorum for voting. Helen Giddings, the recognized negotiator, was arrested in May 2003, but later the arrest was called a mistake. The political police dragnet was at taxpayer expense.[4] Texas House Speaker Craddick apologized to Giddings and then ordered the Sergeant at Arms to incarcerate Giddings in the state capital buildings.

On May 26, 2005, a Texas judge ruled that a committee formed by DeLay had violated state law by not disclosing over $600,000 worth of fundraising money, mostly from the credit card industry, including $25,000 from Sears, Roebuck & Co. [5], and $50,000 from Diversified Collections Services of San Leandro. [6] Some of the money was spent on manning phone banks and posting wanted posters on Federal Highways calling for the arrest of Democratic legislators with an 800 number to the Texas Department of Public Safety to call if seen after the Democratic caucus left for Oklahoma in order to prevent the redistricting legislation from passing. The Federal Highway Administration offered to cooperate in arresting the Democrats, forcing the Democrats to travel to Oklahoma by plane instead of by automobile. Five Texas congressional seats changed hands from Democrats to Republicans during the 2004 election, in part because of the new redistricting.[7]

On October 6, 2004, the House Ethics Committee unanimously admonished DeLay on two counts. The first count stated that DeLay "created the appearance that donors were being provided with special access to Representative DeLay regarding the then-pending energy legislation." The second count said that DeLay "used federal resources in a political issue" by asking the Federal Aviation Administration and Justice Department to help track Texas legislators during the battle over Texas redistricting. [8] At the time of the latter admonishment, the House Ethics committee deferred action on another count related to fundraising while that matter was subject to state criminal action. That state investigation eventually led to the felony indictment on September 28, 2005.

In 2005, the Federal Elections Commission audited ARMPAC, DeLay's political action committee. The FEC found that ARMPAC had failed to report $322,306 in debts owed to vendors, and that it had incorrectly paid for some committee expenses using funds from an account designated for non-federal elections. The FEC also found that ARMPAC had misstated the balances of its receipts and ending cash-on-hand for 2001, and of its receipts, disbursements, and beginning and ending cash-on-hand for 2002. ARMPAC corrected the omission of the debts in amended reports, and is reviewing the portion of the audit dealing with incorrect payment for expenses.[1]

Earle, a Democrat, has indicted mostly Democratic office-holders in Texas in addition to several Republicans, including an unsuccessful 1993 investigation of Republican Sen. Kay Bailey Hutchison on charges of official misconduct and records tampering.

[edit] Grand jury indictments


On September 8, 2005, a federal grand jury indicted TRMPAC, which allegedly accepted an illegal political contribution of $100,000 from the Alliance for Quality Nursing Home Care, and the Texas Association of Business on four indictments, including charges of unlawful political advertising, unlawful contributions to a political committee and unlawful expenditures such as those to a graphics company and political candidates. [9]

On September 13, 2005, a federal grand jury indicted ARMPAC's executive director Jim Ellis and TRMPAC's former executive director John Colyandro, who already faced charges of money laundering in the case, as well as 13 counts of unlawful acceptance of a corporate political contribution. [10]

On September 28, 2005, a Travis County grand jury operating under Travis County District Attorney Ronnie Earle indicted DeLay for conspiring to violate Texas state election law stemming from issues dealing with his involvement in Texans for a Republican Majority. Texas law prohibits corporate contributions in state legislative races. The indictment charged that Texans for a Republican Majority accepted corporate contributions, laundered the money through the Republican National Committee, and directed it to favored Republican candidates in Texas. DeLay had waived his rights under the statutes of limitations, which had expired in the summer of 2005.

On September 30, 2005, in response to a motion to dismiss his initial indictment, Earle sought a second indictment of DeLay from a second grand jury. That jury refused to indict. Contrary to normal Texas procedure, a "no bill" document was not publicly released, and no public announcement was made regarding the result until after Earle had presented evidence to a third grand jury and obtained an indictment.

On October 3, 2005, a Monday, Earle sought and received a new indictment of DeLay from a third grand jury in Austin on charges of conspiracy and money laundering. The maximum sentence for money laundering under Texas law is a life sentence. The next day, in a written statement, Earle publicly admitted "that prosecutors presented their case to three grand juries — not just the two they had discussed — and one grand jury refused to indict DeLay. When questions arose about whether the state's conspiracy statute applied to the first indictment returned last Wednesday, prosecutors presented a new money-laundering charge to (a) second grand jury on Friday because the term of the initial grand jury had expired. Lawyers for DeLay immediately called foul after Earle released his statement after 5 p.m. Tuesday." [11]

On October 7, 2005, DeLay's attorneys filed a motion in court to have the latest indictment thrown out, charging that Earle coerced the grand jury and illegally discussed grand jury information and encouraged others to do the same. [12]


On October 19, 2005, a Texas court issued a warrant for DeLay's arrest, setting initial bail at US $10,000. DeLay surrendered at the Harris County, Texas jail the next day, was booked, was photographed, was fingerprinted, and posted a $10,000 bond. He appeared in court on October 21, 2005. [13]

On November 1, 2005 DeLay prevailed in a motion to remove assigned Travis County judge Bob Perkins from the case. Perkins had donated to Democratic candidates and organizations, including MoveOn.org. DeLay's attorneys argued Perkins could not be publicly perceived as impartial under the circumstances. DeLay is also attempting to have the venue changed from Democratic-leaning Travis County.

On November 3, 2005 Pat Priest, a "semi-retired" judge was chosen to preside over the case. Priest is also a Democrat.[2] On November 22, 2005 DeLay filed a motion to dismiss the charges against him. [14] On December 5, 2005 Judge Priest dismissed one count (conspiracy to violate election law), but let stand two counts alleging money laundering and conspiracy to commit money laundering. [15].

[edit] Indictments of associates

DeLay's indictment occurred along with that of two associates, John Colyandro, TRMPAC's former executive director , and Jim Ellis, who was the head of ARMPAC at the time. The charges were brought before the Texas grand jury by Earle.

Joe Turner, who represents Colyandro, has said that he does not want a jury trial in Austin, because he believes that "DeLay and Republicans are hated [there]".[3]

The indictment charges that DeLay, Colyandro and Ellis conspired to pass corporate contributions to candidates for the Texas legislature in violation of Texas campaign finance law. Allegedly, several corporations (such as Diversified Collection Services and Sears Roebuck) made contributions to TRMPAC. The indictment charged that TRMPAC then sent a check for $190,000 to the Republican National Committee, made payable to "RNSEC" (the Republican National State Elections Committee), along with a list of state-level Republican candidates who should receive the money. According to the indictment, the Republican candidates in Texas did in fact receive the money so designated.[4]

A Travis County, Texas, grand jury issued the indictment. Grand jury foreman William Gibson said that there were "stacks and stacks" of evidence, and, "As far as we're concerned, they presented us enough evidence and witnesses that we felt we were on the right track. I would not have put my name on that grand-jury indictment unless I felt we had ample probable cause."[5] Gibson told KLBJ Radio in an interview that his decision to indict Tom DeLay was based on news stories that the Texas Association of Business mailings against candidate James Spencer, a friend of his, were coordinated with TRMPAC.[6]

Earle's investigation of DeLay is the subject of an upcoming documentary, The Big Buy: Tom DeLay's Stolen Congress. The filmmakers went to cover the 2003 Texas redistricting battle but eventually focused primarily on the grand jury investigation. Earle cooperated with the documentarians but DeLay repeatedly refused to meet with them.[7] [16] [17] [18]

[edit] DeLay's response to the indictments

DeLay blasted the charges as a "sham" and an act of "political retribution," perpetuated by his opponents. He added, "I have done nothing wrong, I have violated no law, no regulation, no rule of the House." CNN

DeLay and his attorney, Dick DeGeurin, have claimed that Earle has a history of indicting his political enemies.

Because of Republican party rules regarding leadership and indictments, DeLay stepped down from his position as House Majority Leader. Serving his last day on June 9, 2006, Delay stepped down, "to pursue new opportunities to engage in the important cultural and political battles of our day from an arena outside of the U.S. House of Representatives" [19]. White House spokesman Scott McClellan commented by saying that President Bush still viewed DeLay as "a good ally, a leader who we have worked closely with to get things done for the American people." On January 7, 2006, DeLay announced that he would not seek to return to his position as Majority Leader.

DeLay's lawyers have asserted that there are various problems with the indictments. On October 3, 2005, DeLay's lawyers filed a motion to get the indictment of conspiracy to violate election law thrown out as fraudulent, claiming it was a violation of the U.S. Constitution's ban on ex-post facto applications of law. DeLay's lawyers claim that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a professor of law at the University of Texas at Austin, believes that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law, and characterised the 2003 change cited by DeLay's lawyers as a clarification of existing law, stating "It isn't unheard of — the Legislature passing a law to make clear what the law is." [20]

While the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity," DeLay's lawyers maintain the corporate donations came from normal and legal business activity. Stuart Roy, a GOP consultant and former DeLay aide, criticized the second charge, saying, "Ronnie Earle may truly be the Elmer Fudd of politics."

On December 5, 2005, Judge Priest threw out the conspiracy charges, but refused to dismiss money laundering charges, ruling that the former House majority leader could not be tried for conspiracy to violate the state election code for his actions in 2002 because the law was not enacted by the legislature until 2003. [21]. On April 19, 2006, the Texas Third Court of Appeals upheld the decision [22]. On May 19 prosecutors filed an appeal to the Texas Court of Criminal Appeals, the state's highest criminal court, to reinstate the conspiracy indictment. [23]

[edit] Notes

  1. ^ "FEC finds misreporting by DeLay committee", The Associated Press, 11 August 2005. Retrieved on 2006-04-17.
  2. ^ "Third DeLay judge appointed, but confusion remains", USA Today, 4 November 2005. Retrieved on 2006-04-17.
  3. ^ "U.S. Rep. DeLay goes on a media offensive", Austin American-Statesman, 30 September 2005. Retrieved on 2006-04-18.
  4. ^ "Delay [sic] Is Indicted in Texas Case and Forfeits G.O.P. House Post", The New York Times, 28 September 2005, p. 1.
  5. ^ Christy Hoppe. "Grand jury foreman cites "stacks" of evidence against DeLay", The Dallas Morning News, 1 October 2005. Retrieved on 2006-04-18.
  6. ^ Matt Margolis (5 October 2005). audio and transcript Jury Foreman Gibson Said Evidence in DeLay Case Didn't Matter. GOP Bloggers. Retrieved on 2006-04-20.
  7. ^ David Halbfinger (March 7, 2006). Opponents of DeLay Make Use of a Film.

[edit] Further reading

[edit] External links

[edit] Documentary

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