Tom DeLay, a Republican U.S. Representative from Texas from 1979 to 1983 and from 1985 to 2006 and the House Majority Leader from 2003 to 2005, was convicted in 2010 of money laundering and conspiracy charges related to illegal campaign finance activities aimed at helping Republican candidates for Texas state office in the 2002 elections.
Ronnie Earle, the District Attorney of Travis County (which includes the state capital of Austin), sought the indictment of Tom DeLay in 2005. A Travis County grand jury issued an indictment in 2005. An arrest warrant was issued on October 19, 2005, and DeLay turned himself in the next day to the Harris County Sheriff's Office in Houston.[1] In accordance with House Republican Conference rules, DeLay temporarily resigned from his position as House Majority Leader. On January 7, 2006, after pressure from fellow Republicans, he announced that he would not seek to return to the post. On June 9, 2006, DeLay resigned from Congress.[2]
After two judges were recused from the case, the chief justice of the Texas Supreme Court assigned Senior District Judge Pat Priest of San Antonio to preside over the case.[3] DeLay moved to dismiss all charges. Judge Priest dismissed one count of the indictment alleging conspiracy to violate election law but allowed the other, more serious charges of money laundering and conspiracy to engage in money laundering to proceed.
On November 24, 2010, DeLay was convicted by a Texas jury on both counts. The range of possible sentences was probation to between 5 and 99 years in prison and up to $20,000 in fines, though the judge could have chosen probation.[4] On January 10, 2011, after a sentencing hearing, Judge Priest sentenced DeLay to three years in prison on the charge of conspiring to launder corporate money into political donations. On the charge of money laundering, DeLay was sentenced to five years in prison, but that was probated for 10 years, meaning DeLay would serve 10 years' probation. Dick DeGuerin is DeLay's defense attorney. DeLay intends to appeal his conviction.[5]
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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 Republican 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 of Public Accounts, Speaker of the state House, Attorney General, and Land Commissioner) redrew state legislative districts in accordance with the Census results. The new map that was adopted by the Republican-dominated board gave the Republicans 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 Texans for a Republican Majority (TRMPAC).
In October 2002, TRMPAC 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.[6] 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 establish a controversial mid-decade redistricting plan that favored Republicans. A number of Democrats (the "Killer Ds," in the state House, and "Texas Eleven" in the state Senate) left the state and went 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.[7] 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.,[8] and $50,000 from Diversified Collections Services of San Leandro.[9] 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.
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.[10] 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.[11]
Earle, a Democrat, has indicted both Democratic and Republican office-holders in Texas; he even once prosecuted himself, in 1983 for missing a filling deadline and paid a $212 fine. DeLay asserts that Earle is a "a rogue district attorney" engaged in "blatant political partisanship."[12]
| Tom DeLay | |
|---|---|
Tom DeLay |
|
| Born | Thomas Dale DeLay April 8, 1947 Laredo, Texas, U.S. |
| Charge(s) | Conspiracy to violate election law and money laundering |
| Penalty | Convicted, sentencing pending |
| Status | Free on bail pending sentencing |
| Occupation | Politician and former Congressman |
| Spouse | Christine Furrh DeLay |
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. The charges were brought before the 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]".
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.[23]
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."[24] 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.[25]
Earle's investigation of DeLay is the subject of a 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.[26][27][28]
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."[29] He retained former U.S. Representative Edwin Bethune of Arkansas, a Washington, D.C., lawyer and lobbyist, who had earlier represented Gingrich during his ethics cases. 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."[30] 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."
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.
While Earle recently announced that he will not be seeking re-election, he stated that, "There are particular cases pending that are enormously important to this state, this country, and democracy itself. If they are not resolved during the forthcoming last year of my term I will offer my assistance on those matters on a pro bono basis to my successor."[31]
Earle is continuing to pursue felony money-laundering charges against DeLay and two campaign associates.[32]
"The Texas Court of Criminal Appeals today upheld the money laundering indictments against James Ellis and John Colyandro in a political ethics case tied to former U.S. House Majority Leader Tom DeLay, R-Sugar Land. DeLay was not directly involved in the appeal, but his trial had been postponed while the indictments against Colyandro and Ellis were on appeal. All three men have been indicted on charges of illegally laundering corporate money through the Republican National Committee in exchange for individual contributions to help Republican state House candidates in the 2002 elections.
"The men have maintained that they did nothing illegal.Colyandro and Ellis were indicted in the case before DeLay. They had already begun appeals of their indictments prior to the indictments being returned against DeLay.More specifically, they have maintained that the Texas money laundering statute did not apply in their case. The Texas Third Court of Appeals had agreed, but the state's high criminal court overturned that opinion today.
"The opinion by Judge Sharon Keller said the lower appeals court had "Inappropriately" over-stepped its bounds in a habeas corpus hearing by determining the money laundering law violated Ellis and Colyandro's First Amendment rights of free speech. Keller, writing for the unanimous court, also said the state's election laws are not unconstitutional.
"The ruling, barring the usual motion for a re-hearing, clears the way at the state level for a trial to begin for DeLay, Ellis and Colyandro. However, lawyers for the three have indicated in the past that if they lose at the state level they will raise constitutional issues in federal court."
R. G. Ratcliff, Chief of The Houston Chronicle's Austin Bureau, April 28, 2010
"The Texas Court of Criminal Appeals today upheld the money laundering indictments against James Ellis and John Colyandro in a political ethics case tied to former U.S. House Majority Leader Tom DeLay, R-Sugar Land. DeLay was not directly involved in the appeal, but his trial had been postponed while the indictments against Colyandro and Ellis were on appeal.All three men have been indicted on charges of illegally laundering corporate money through the Republican National Committee in exchange for individual contributions to help Republican state House candidates in the 2002 elections.
"The men have maintained that they did nothing illegal.Colyandro and Ellis were indicted in the case before DeLay. They had already begun appeals of their indictments prior to the indictments being returned against DeLay.More specifically, they have maintained that the Texas money laundering statute did not apply in their case. The Texas Third Court of Appeals had agreed, but the state's high criminal court overturned that opinion today.
"The opinion by Judge Sharon Keller said the lower appeals court had "Inappropriately" over-stepped its bounds in a habeas corpus hearing by determining the money laundering law violated Ellis and Colyandro's First Amendment rights of free speech. Keller, writing for the unanimous court, also said the state's election laws are not unconstitutional.
"The ruling, barring the usual motion for a re-hearing, clears the way at the state level for a trial to begin for DeLay, Ellis and Colyandro. However, lawyers for the three have indicated in the past that if they lose at the state level they will raise constitutional issues in federal court."
R. G. Ratcliff, Chief of The Houston Chronicle's Austin Bureau
