[Mb-civic] Ruling Postponed On DeLay Motion - Washington Post

[William Swiggard]

Ruling Postponed On DeLay Motion
Timing May Hurt Bid to Regain Post

By Sylvia Moreno
Washington Post Staff Writer
Wednesday, November 23, 2005; Page A04

AUSTIN, Nov. 22 -- Former House majority leader Tom DeLay's bid to clear 
his name of money-laundering and conspiracy charges will not be decided 
until next month, possibly jeopardizing his attempt to regain his post 
when Congress reconvenes in January.

The judge in the trial of DeLay (R-Tex.) and two co-defendants decided 
Tuesday to withhold a ruling on their requests that he throw out the 
felony indictments. Attorneys for DeLay, James W. Ellis and John 
Colyandro -- associates who ran DeLay-created political action 
committees in Washington and Austin -- said the charges, which stem from 
the 2002 Texas legislative campaign, are without merit.

Dick DeGuerin, DeLay's lawyer, said the specific crime of conspiracy to 
violate the Texas Election Code was not on the books in 2002, when the 
alleged violation took place. He also said that sending $190,000 in 
corporate donations to the Republican National Committee, which 
subsequently donated an equivalent amount in private donations to Texas 
legislative candidates, was not a crime and that the crime of money 
laundering in Texas pertains to an act involving cash or coins and not a 
check, as is alleged in this case.

"No crime occurred and no crime is charged," DeGuerin said.

Travis County Assistant District Attorney Rick Reed disputed DeGuerin's 
argument, saying that state law has long defined conspiracy as an 
agreement to commit any felony and that prosecutors believe the 
defendants sent the corporate donations to the RNC under "a negotiated 
swap."

District Judge Pat Priest of San Antonio said he needs at least two 
weeks to study the post-hearing briefs that will be submitted, along 
with the voluminous briefs filed previously in the case. He said that if 
he upholds the charges, he does not foresee a trial beginning before Jan. 1.

Priest is a retired judge who was assigned to the case after DeLay 
recently challenged the impartiality of an Austin judge who had 
contributed to Democratic candidates. If the case proceeds, Priest still 
must determine the merit of two other motions filed by DeLay's 
attorneys. They are seeking a dismissal of the charges based on 
allegations that Travis County District Attorney Ronnie Earle, a 
Democrat, improperly tried to influence the grand jury that returned the 
indictment against the powerful Republican.

The other motion asks that the trial, if it occurs, be moved out of 
heavily Democratic Travis County, with liberal-leaning Austin as its 
county seat, to DeLay's home county of Fort Bend, a heavily Republican 
area southwest of Houston.

DeLay temporarily gave up his leadership role in the House when he was 
indicted in September and wants to resume the post as soon as possible, 
DeGuerin said in court. In Washington, House Republicans have said they 
may decide to elect a permanent replacement for DeLay if the campaign 
finance trial here extends into 2006.

"I understand the reasons why your clients want to get this matter 
resolved," Priest told DeGuerin and the other lawyers. But, he added, "I 
doubt very seriously we will get this case to trial before the beginning 
of the year."

Priest gave no indication how he would rule on the case, but he said 
that 24 hours before Tuesday's hearing he had "a pretty good idea . . . 
what I thought about this case." After hearing 3 1/2 hours of arguments, 
he said: "I don't think it will be an easy decision."

Ellis and Colyandro -- the former directors of Americans for a 
Republican Majority PAC and Texans for a Republican Majority PAC, 
respectively -- and DeLay are accused of illegally soliciting $190,000 
in corporate political donations and sending the money in a check to the 
RNC. The committee subsequently donated $190,000 raised from individual 
donors to seven Republican candidates for the Texas legislature, as a 
way, Earle says, of circumventing the Texas election law banning direct 
corporate contributions to state campaigns. The 2002 election resulted 
in a Republican takeover of the Texas House, which subsequently pushed 
through a congressional redistricting plan that increased the number of 
Republicans elected to the U.S. House in 2004 and solidified DeLay's 
position as majority leader.

http://www.washingtonpost.com/wp-dyn/content/article/2005/11/22/AR2005112200318.html
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