Tom DeLay campaign finance investigation

The Tom DeLay campaign finance 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.

DeLay publicly denied the charges, saying that the actions of Earle, a Democrat, have partisan motivations. 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.

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. [cite web | last=Copelin | first=Laylan | title=Craddick was used as courier as GOP group tried to score points | publisher=Texans for Public Justice | date=2004-02-18 | url=http://www.tpj.org/page_view.jsp?pageid=434&pubid=263 | accessdate=2007-06-30] 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. [ [http://www.truthout.org/docs_03/printer_051503B.shtml Homeland Security Dept. Searches for Texas Democrats ] ] 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. [ [http://tx.cpusa.org/del16.htm Working Class News ] ] , and $50,000 from Diversified Collections Services of San Leandro. [cite web | last=Austin | first=Christy | title=Deal calls for funding program on companies' role in democracy | publisher =Texans for Public Justice | date=2004-12-10 | url=http://www.tpj.org/page_view.jsp?pageid=768 | accessdate=2007-06-30] 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. [ [http://www.house.gov/ethics/DeLay_memo.htm DeLay Memo ] ] 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. [cite news | url=http://www.msnbc.msn.com/id/8914517/ | title=FEC finds misreporting by DeLay committee | publisher=The Associated Press | date=11 August 2005 | accessdate=2006-04-17]

Earle, a Democrat, has indicted some Democratic office-holders in Texas but has mainly gone after Republicans, including an unsuccessful 1993 investigation of Republican Sen. Kay Bailey Hutchison on charges of official misconduct and records tampering.

Grand jury indictments

Infobox Criminal
subject_name = Thomas Dale Delay


image_size = 150px
image_caption = Tom DeLay
date_of_birth = April 8, 1947
place_of_birth = Laredo, Texas, USA
date_of_death =
place_of_death =
charge = conspiracy to violate election law, money laundering
penalty = indicted but yet to be tried
status = free on bail, trial pending
occupation = politician, former Congressman
spouse = Christine Furrh DeLay
parents =
children =

*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 charges, including unlawful political advertising, unlawful contributions to a political committee and unlawful expenditures such as those to a graphics company and political candidates.

*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 TRMPAC. Texas law prohibits corporate contributions in state legislative races. The indictment charged that TRMPAC accepted corporate contributions, laundered the money through the Republican National Committee, and directed it to favored Republican candidates in Texas.

*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.

*October 3 2005: Earle sought and received a new indictment of DeLay from a third grand jury in Austin on charges of conspiracy and money laundering. The next day, in a written statement, Earle publicly admitted that he had presented the case to three grand juries, and that one of the three had refused to indict DeLay. Earle said that he had presented the new money-laundering charge to another grand jury because the previous grand jury had expired. DeLay's lawyers said that Earle should not have waited to make the statement until after 5 P.M. that day.

*October 3 2005: DeLay's lawyers filed a motion to throw out the charge of conspiracy to violate election law 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 law professor at the University of Texas at Austin, said that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law. He characterized the 2003 change cited by DeLay's lawyers as a clarification of existing law, saying, "It isn't unheard of–the Legislature passing a law to make clear what the law is." Because the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity", DeLay's lawyers maintain that misuse of corporate donations, even if it occurred, could not constitute money laundering.

*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. [cite news | url=http://msnbc.msn.com/id/9623710/ | title=DeLay lawyers want charges thrown out | publisher=The Associated Press | date=October 7, 2005 | accessdate=2006-04-17]

*October 19 |accessdate=2006-08-07]

*October 21 2005: DeLay appeared in court. [cite news | url=http://www.cnn.com/2005/POLITICS/10/21/delay.court/ | title=DeLay faces Texas judge | publisher=CNN | date=21 October 2005 | accessdate=2006-04-17]

*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.

*November 3 2005: Pat Priest, a "semi-retired" judge, was chosen to preside over the case. [cite news | url=http://www.usatoday.com/news/washington/2005-11-04-DeLay-Judge_x.htm?csp=34 | title=Third DeLay judge appointed, but confusion remains | publisher=USA Today | date=4 November 2005 | accessdate=2006-04-17]

*November 22 2005: DeLay filed a motion to dismiss the charges against him. [cite news | url=http://seattletimes.nwsource.com/html/nationworld/2002640000_webdelay22.html | title=Judge declines to rule on dismissing charges against DeLay | publisher=The Associated Press | last=Austin | first=Liz | date=22 November 2005 | accessdate=2006-04-17]

*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. [cite news | url=http://www.foxnews.com/story/0,2933,177753,00.html | title=DeLay Conspiracy Charges Tossed, Money Laundering Case Remains | publisher=The Associated Press | date=6 December 2005 | accessdate=2006-04-17]

*April 19, 2006: The Texas Third Court of Appeals upheld the decision to dismiss the charge of conspiracy to violate election law. [cite news |first=Jeannie |last=Shawl |title=Texas appeals court upholds dismissal of DeLay criminal conspiracy charge |url=http://jurist.law.pitt.edu/paperchase/2006/04/texas-appeals-court-upholds-dismissal.php |publisher=JURIST |date=2006-04-19 |accessdate=2008-06-28]

*May 19, 2006: Prosecutors filed an appeal to the Texas Court of Criminal Appeals, the state's highest criminal court, to reinstate the conspiracy indictment. [cite news | title=Prosecutors appeal on DeLay indictment | date=May 20, 2006 | publisher=The Associated Press | url=http://www.boston.com/news/nation/washington/articles/2006/05/20/prosecutors_appeal_on_delay_indictment/]

*June 27, 2007: The Texas Court of Criminal Appeals ruled 5-4 to uphold the decisions of the lower courts and throw out the conspiracy to violate election law charge. [ [http://www.cca.courts.state.tx.us/opinions/HTMLopinionInfo.asp?OpinionID=15632 Texas Judiciary Online - HTML Opinion ] ]

Indictments of associates

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. [cite news | title=Delay sic Is Indicted in Texas Case and Forfeits G.O.P. House Post | publisher=The New York Times | date=28 September 2005 | page=1]

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." [cite news | url=http://seattletimes.nwsource.com/html/nationworld/2002532529_jury01.html | title=Grand jury foreman cites "stacks" of evidence against DeLay | publisher=The Dallas Morning News | author=Christy Hoppe | date=1 October 2005 | accessdate=2006-04-18] 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. [cite web | url=http://www.gopbloggers.org/mt/archives/002223.html audio and transcript | title=Jury Foreman Gibson Said Evidence in DeLay Case Didn't Matter | publisher=GOP Bloggers | author=Matt Margolis | date=5 October 2005 | accessdate=2006-04-20]

Earle's investigation of DeLay is the subject of a documentary, "". 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. [cite web|url=http://www.nytimes.com/2006/03/07/movies/07green.html?ex=1299387600&en=d55e7eac1a714407&ei=5090&partner=rssuserland&emc=rss |title=Opponents of DeLay Make Use of a Film |org=New York Times |date=March 7, 2006 |author=Halbfinger, David] [cite news | url=http://www.nationalreview.com/york/york200510041617.asp | title=The DeLay Case: Lawyers Intend to Subpoena Makers of The Big Buy | author=York, Byron | publisher=The National Review | date=October 4, 2005 | accessdate=2006-04-18] [cite news | url=http://www.nationalreview.com/york/york200509301738.asp | title= The Movie: Ronnie Earle, on a Mission from God | last=York | first=Byron | publisher=The National Review | date=September 30, 2005 | accessdate=2006-04-18]

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."cite news | url=http://www.cnn.com/2005/POLITICS/09/28/delay.indict/ | title=DeLay indicted, steps down as majority leader | publisher=CNN | date=September 29, 2005 | accessdate=2006-08-30] 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." [ [http://www.rawstory.com/news/2006/DeLay_notifies_Speaker_of_House_he_0511.html The Raw Story | DeLay notifies Speaker of the House he will resign June 9 ] ] 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.

Current Status of the DeLay indictments

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."cite news |first=Kelley |last=Shannon |coauthors=Associated Press |title=DA Ronnie Earle says he won't seek re-election |url=http://www.dallasnews.com/sharedcontent/APStories/stories/D8THGFT81.html |work=The Dallas Morning News |date=2007-12-14 |accessdate=2008-08-15]

DeLay and two Republican fundraisers are still awaiting trial.

Notes

External links

* [http://www.humanevents.com/article.php?id=10302 Analysis of alleged flaws in first indictment]
* [http://fl1.findlaw.com/news.findlaw.com/wp/docs/delay/delay92805ind.pdf Copy of conspiracy indictment] "Texas v Colyandro, Ellis & DeLay"
* [http://alt.coxnewsweb.com/statesman/metro/100405_delayindictment.pdf Copy of money laundering indictment] "Texas v Colyandro, Ellis & DeLay"

Documentary

* [http://tomdelaymovie.com/ The Big Buy: Tom DeLay's Stolen Congress] A critical documentary focusing on Tom DeLay's alleged involvement in illegal corporate political contributions and the 2003 redistricting of Texas.