10.09.2005

John Dean: The People Vs. Tommy The Bugman DeLay

John Dean is a regular read of mine and this analysis is interesting, explaining lots of the nuances lost in the babble.

Snips:

The (now) former Majority Leader of the U.S. House of Representatives was indicted on September 28, and again on October 2, by two different Travis County, Texas grand juries. The second indictment is far more serious than the first.

The first indictment charges DeLay with engaging in a criminal conspiracy in violation of Texas Penal Code Section 15.02. It states that DeLay and two of his associates (also indicted) agreed to make corporate political contributions which are prohibited by the Elections Code. If convicted, DeLay faces up to two years in jail and a $10,000 fine.

Six days later came the second indictment, which is twice the length of the first, with its two counts. The first count charges another conspiracy under Section 15.02, again to violate the election law - but ALSO to launder corporate money, in violation of Texas Penal Code Section 34.02, the state's money laundering prohibition. The second count charges DeLay outright with the offense of money laundering, and because the amount of the money allegedly laundered exceeds $100,000, that is a felony punishable by life in prison.

AND

One experienced criminal defense attorneys (from Texas, who is following the case closely) volunteered his surprise that DeLay was going around to radio and television shows to speak out on the matter. DeLay has visited Rush Limbaugh's show, Sean Hannity's, and Chris Mathews's "Hardball" to mention a few. At each stop, DeLay repeats his claim that the grand jury had no basis, no evidence whatsoever, to indict him.

"It is just not smart for a criminal defendant to blabber on," the attorney told me. "Those public statements will come back to haunt Tom DeLay in a courtroom, probably early next year." I asked that he be more specific.

This attorney said he had watched DeLay contradict himself on "Hardball," and then, apparently, lie about never having been requested to appear before the grand jury. I pulled the transcript.

Referring to the fund-raising entity at the heart of the case, Texans for a Republican Majority PAC, DeLay told Mathews, "TRMPAC is a separate entity. I had no fiduciary responsibilities. I had no managerial responsibilities. I had nothing to do with the day-to-day operation. I was simply, along with four other elected officials, on an advisory board. They used my name as headliners for fund-raisers."

A few minutes later, though, the transcript reflects that DeLay is contradicting himself. He tells Mathews he was, in effect, deeply involved: "Everything TRMPAC did -- and I insisted on -- to even be on their board of advisers. Now, TRMPAC was my idea. I wanted the Texas House to be a Republican majority. And I went down there and worked with them to do that. We were successful."