posted on October 19, 2005 01:42:23 PM new
Arrest warrant issued for lawmaker DeLay
An arrest warrant was issued on Wednesday and bail set at $10,000 for former U.S. House Majority Leader Tom DeLay ahead of his scheduled court appearance this week in Austin, Texas for money laundering and conspiracy charges, a Texas court clerk said.
The so-called "capias" was a "purely procedural event" but would require DeLay to turn himself into authorities to be fingerprinted and photographed, Travis County Grand Jury Clerk Linda Estrada said.
Court officials said DeLay was expected to go to Fort Bend County jail in his district near Houston for booking, but that had not been confirmed.
"To any sheriff or peace officer of the state of Texas, greetings, you are hereby commanded to arrest Thomas Dale DeLay and keep him safely so that you have him before the 331st Judicial District Court of Travis County," the warrant said.
DeLay has been charged with conspiracy and money laundering in a campaign finance scheme tied to his political action committee, Texans for a Republican Majority.
He has denied any wrongdoing, but is accused of laundering $190,000 in corporate campaign contributions through the Republican National Committee for distribution to Republican candidates for the Texas Legislature in 2002.
Texas law forbids the use of corporate money in political campaigns.
He is scheduled to make his first court appearance on Friday before state District Judge Bob Perkins.
Neither a DeLay spokesman nor his lawyer was immediately available for comment.
posted on October 19, 2005 02:43:41 PM new
And if you had really been following the case you would know that Earle has been unable to provide physical evidence of Delay wrong doing and is relying on the verbal testimony of only ONE person.
Can you say Witch Hunt.
I gave my liberal neighbors son a book for his birthday. He went crazy trying to find where to put the batteries.
posted on October 19, 2005 02:57:11 PM new
Oct. 15, 2005, 12:34AM
DeLay's prosecutors lack a key document
They don't have list of candidates at the heart of the laundering case, just a 'similar' one
By R.G. RATCLIFFE
Copyright 2005 Houston Chronicle Austin Bureau
AUSTIN - Travis County prosecutors admitted Friday they lack physical proof of a list of Republican candidates that is at the heart of money-laundering indictments against U.S. Rep. Tom DeLay and two of his associates.
The list is key to prosecutors being able to prove that corporate money that could not be legally spent on Texas candidates was specifically exchanged at the national level for donations that legally could be spent on Republican candidates for the Texas House.
Indictments against DeLay, Jim Ellis and John Colyandro state that Ellis gave "a document that contained the names of several candidates for the Texas House" to a Republican National Committee official in 2002 in a scheme to swap $190,000 in restricted corporate money for the same amount of money from individuals that could be legally used by Texas candidates.
But prosecutors said Friday in court that they only had a "similar" list and not the one allegedly received by then-RNC Deputy Director Terry Nelson. Late in the day, they released a list of 17 Republican candidates, but only seven are alleged to have received money in the scheme.
A lawyer for Ellis said prosecutors' inability to produce the list mentioned in the indictments is on par with the tactics used by U.S. Sen. Joseph McCarthy in the communist witch hunts of the 1950s.
"I'll tell you what I think about this list. In the 1950s, a man named McCarthy claimed to have a list of 200 communists in the State Department, and he didn't," said J.D. Pauerstein, a lawyer for Jim Ellis, the director of DeLay's Americans for a Republican Majority. "They (prosecutors) don't know what list they're talking about, even though they specify it in their indictment."
Nelson's testimony is key
Without the exact list, the prosecutors' case against DeLay, Ellis and Colyandro likely turns on Nelson's testimony. Nelson testified at least twice to grand juries hearing the case.
"That would be something Mr. Nelson could testify to, and the jury could weigh the testimony and decide whether to accept it or whether he's confused about what list he saw three or four years ago in the midst of a heated election cycle," Pauerstein said.
Lawyers for Ellis and Colyandro demanded a copy of the list from Travis County prosecutors during the court hearing Friday. But Assistant District Attorney Rick Reed told state District Judge Bob Perkins that the list prosecutors wanted to provide the defense was not the one mentioned in the indictment.
Reed said prosecutors had a list of candidates from the business papers of the DeLay-founded Texans for a Republican Majority, TRMPAC, that they believe was a precursor to the one given to Nelson.
"Despite the fact that the state cannot conclusively prove that the said document is a duplicate (or copy thereof)" of the document given to Nelson, the "state believes that the document is at least factually related" to the document mentioned in the indictment, Reed said in a court brief filed after the hearing.
The list released by prosecutors contained the names of 17 Republican state House candidates from 2002. Nine of the candidates had dollar amounts listed next to their names totaling $230,000.
Those nine include the seven candidates who received the contested $190,000 in donations from the Republican National State Elections Committee, with the dollar amounts next to their names matching the donations they received.
A lawyer for Colyandro said he was stunned to learn the state does not have a copy of the list given to Nelson. Colyandro was the executive director of TRMPAC.
"It's just hard to believe this (list) is central to their indictment," said Colyandro attorney Joe Turner. "They've had this grand jury investigation for over three years now, and they don't have a list, and now they've come up with a document that they say is similar to the list."
'Astonishing, astonishing'
DeLay's lawyer, Dick DeGuerin of Houston, was not present in court Friday. But he later said the lack of a list "destroys" District Attorney Ronnie Earle's case against the three men.
"That's astonishing, astonishing that they would get a grand jury to indict and allege there is a list and then they have to admit in open court the first time they appear in open court that there is no list," DeGuerin said.
In a civil lawsuit related to the case, RNC election law counsel Charles Spies testified in March that he knew of no list of Texas candidates being given to the RNC as part of an alleged money exchange in 2002.
Nelson has referred questions to the RNC, whose spokesman Brian Jones has declined to comment.
The indictments allege Colyandro had a TRMPAC check for $190,000 drawn from corporate funds and sent to Ellis, who in turn gave the check to Nelson on Sept. 13, 2002. The indictment says Ellis gave Nelson a document with candidate names on it and outlined how they should receive donations "in exchange" for the TRMPAC corporate money.
Texas law prohibits corporate donations to candidates.
Pauerstein said it was legal for TRMPAC to accept corporate money so long as it did not donate it to a candidate.
He said there is no state law to prohibit TRMPAC from donating corporate money to the RNC.
"If they (corporations) want to give them (TRMPAC) $100,000 to set on fire in a parking lot, that's not illegal. There's no intent for that to be a campaign contribution," Pauerstein said.
Subpoenas raise criticism
Pauerstein also blasted prosecutors for a new set of subpoenas that he said includes a request for the 2002 phone records of Ellis' daughter.
"On top of that, they are now subpoenaing cell phone records of Jim Ellis' 17-year-old daughter. This is a prosecution that has run amok. It's time for this to stop," Pauerstein said. "I guess they think Jim's 17-year-old daughter is a money launderer. I think it's outrageous that they're doing that to the young lady."
Earle responded to Pauerstein's comments by saying, "The investigation is continuing."
posted on October 19, 2005 03:08:36 PM new
wow Bear... you really are clueless.
there obviously is enough evidence for a warrant to be issued. Warrants are issued by a judge or grand jury (I suppose the neocons will now want to use "activist grand jurys" as their talking point of the week). this means that the prosecution has provided enough information to satisfy the grand jury to pursue the case in a court of law. If you know anything about the court system, this opens the door for further subpoenas to be issued in order for the prosecution to lay the map for their case. only time will tell what happens, but i will be the first to buy a t-shirt with DeLay's arrest photo on it. That will be fun to wear.
posted on October 19, 2005 03:23:26 PM new
Purely politically motivated from the anti-Bush administration crowd.
I agree bear....this is all a bunch of garbage with no proof of anything. As you said....a witch hunt. And personally I believe the case will either be thrown out of court or they won't have enough evidence to convict him.
The dems have nothing to offer to the voters in America....so they spend their time on these witch hunts.
But like all democratic claims in the past....it's my opinion this too will be nothing more than egg on their face in the future.
"Whenever the nation is under attack, from within or without, liberals side with the enemy. This is their essence." --Ann Coulter
And why the American Voters chose to RE-elect President Bush to four more years. YES!!!
posted on October 19, 2005 03:38:19 PM new
Keeping on drinking the neocon hooch, Linda. Just keep on drinking. Your blind faith will once again fail you.
posted on October 19, 2005 03:58:01 PM newYour blind faith will once again fail you.
First of all the democrats have thrown everything under the sun at this administration....and it hasn't worked at all in the past 5 years. So let's be honest at least about that, rusty.
Secondly....it's not 'blind faith'....it's that nothing this administration has done has 'failed ME' either. That's purely a fantasy of yours....all in your OWN mind. Sure I haven't agreed with everything they've proposed.....and some things that were passed. But all in all I've been quite happy with what has come about in the past 5 years. And I have no doubt I wouldn't have been as joyful with a democrat traitor like kerry in the WH. That's a given....a sure thing.
~~~~~~~~~~~~~~
"Whenever the nation is under attack, from within or without, liberals side with the enemy. This is their essence." --Ann Coulter
And why the American Voters chose to RE-elect President Bush to four more years. YES!!!
[ edited by Linda_K on Oct 19, 2005 04:00 PM ]
posted on October 19, 2005 05:52:41 PM newFirst of all the democrats have thrown everything under the sun at this administration.
Actually, the Democrats haven't had to throw much at this administration, especially during this second term. That's because Bush & Co. do it to themselves. Every week we hear about another one of the group or their supporters being brought up on ethics charges, in trouble for committing fraud, caught drunk driving, foot-in-mouth disease--you name it, they do it...all by themselves. And while some people are willing to turn a blind eye simply because the perps are right wing, many more--including more & more Republicans--are willing to call them on it.
Admit it, Linda: if Delay, Rove and all the rest were Democrats you'd be jumping up & down asking for apologies and resignations.
____________________
"Our enemies are innovative and resourceful, and so are we. They never stop thinking about new ways to harm our country and our people, and neither do we." -- George W. Bush
posted on October 19, 2005 06:56:52 PM newAdmit it, Linda: if Delay, Rove and all the rest were Democrats you'd be jumping up & down asking for apologies and resignations.
What grade in junior high school did you say you're in?
posted on October 19, 2005 09:09:26 PM new
It is the same old rhetoric you get from the neocons. They never want the investigation to take place when it is their guy. Republicans can always count on their ignorant base to support them no matter what they do.
posted on October 20, 2005 05:57:48 AM new
If a Democrat was accused of doing wrong, I'd want it investigated and I'm a Democrat. These are elected officials paid by and entrusted by the people of this country to perform their duties as honestly as humanly possible and with some semblance of dignity. I would think that it wouldn't matter what party a person belongs to. If someone is suspect, an investigation should follow. Why should an elected official be subject to rules that are different from a common citizen? If a citizen is suspected of a crime, they are put under investigation no matter their political affiliation. I don't see this as a party issue at all and cannot understand everyone's need to make it one.
colin
Simpson, Blake, et al may have been guilty. However, they went through the justice system and were found innocent. I may not agree with the juries' decision, but it's the way our system works. There are also many innocent people serving time because of a jury's decision. Our system is not perfect, but it's all we have.
posted on October 20, 2005 01:24:09 PM newDeLay Appears in Houston for Booking
Updated 3:20 PM ET October 20, 2005
By MICHAEL GRACZYK
HOUSTON (AP) - Rep. Tom DeLay turned himself Thursday in at the Harris County sheriff's office, where he was photographed, fingerprinted and released on bond on state conspiracy and money laundering charges.
"He posted $10,000 bond and they have left the bonding office," Lt. John Martin with the sheriff's department said.
DeLay, accompanied by his attorney, Dick DeGuerin, showed up about 12:15 p.m., appeared before a judge and was gone in less than 30 minutes, Martin said.
The appearance came a day after a state court issued an arrest warrant for DeLay and set an initial bail, a routine step before the Texas Republican's first court appearance Friday in Austin.
DeLay had been expected to make the appearance in his home county, Fort Bend, a suburban county southwest of Houston, where an entourage of media had been camped out awaiting him. Under Texas law he could check in anywhere in the state
DeLay has stepped down as U.S. House majority leader _ at least temporarily _ under a Republican rule requiring him to relinquish the post if charged with a felony.
Two grand juries have charged DeLay and two political associates in an alleged scheme to violate state election law by funneling corporate donations to candidates for the Texas Legislature. State law prohibits use of corporate donations to finance state campaigns, although the money can be used for administrative expenses.
The indictments charge that a DeLay-founded Texas political committee sent corporate donations to the Republican National Committee in Washington, and the national party sent funds back to the state for 2002 campaigns.
DeLay has denied wrongdoing and accused Travis County District Attorney Ronnie Earle _ a Democrat _ of having partisan motives. Earle has denied the accusation. Earle did not ask for the arrest warrant for DeLay but approved the court's request, his office said Wednesday.
"What we're trying to avoid is Ronnie Earle having him taken down in handcuffs, and fingerprinted and photographed," DeGuerin said last month. "That's uncalled for, and I don't think that's going to happen."
DeLay's Republican fundraising in 2002 had major political consequences, allowing the GOP to take control of the Texas Legislature. The Legislature then redrew congressional boundaries according to a DeLay-inspired plan, took command of the state's U.S. House delegation and helped the GOP retain its House majority.
Copyright 2004 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
That's purely a fantasy of yours....all in your OWN mind. Sure I haven't agreed with everything they've proposed.....and some things that were passed. But all in all I've been quite happy with what has come about in the past 5 years. And I have no doubt I wouldn't have been as joyful with a democrat traitor like kerry in the WH. That's a given....a sure thing.
