From: "Mark" 

I don't particularly care for Delay all that much, but it disturbs me in a
general way that some partisan DA from Anytown, USA can get use an
indictment to force a congressman out of his position in the house -- since
when are you guilty when charged and must act as if you are guilty? That
rule should be changed by the GOP from indicted to convicted.

I have little interest in exploring the merits of the case, the charges
will be either be dismissed or a trial will go forward with the finding of
the jury the ultimate arbiter.

"Gary Wiltshire"  wrote in message
news:op.sxua54veeipai0{at}news.barkto.com...
> On Wed, 28 Sep 2005 17:38:36 -0400, Randy H 
> wrote:
>
>> Oh, the irony of it all.
>>
>> "Adam"
<""4thwormcastfromthemolehill\"{at}the field.near the
bridge"> wrote
>> in
>> message news:433adeec{at}w3.nls.net...
>>> Oh joy.
>>>
>>> Adam
>>
>>
>
> Not so fast.  This prosecutor has a pretty colorful history of his own:
>
> * * *
>
> Former DOJ official Barbara Comstock e-mails this legal analysis:
>
> Ronnie Earle argues that Tom DeLay conspired to make a contribution to a
> political party in violation of the Texas Election Code. There was no
> contribution to a political party in violation of the Texas Election Code.
> There was no conspiracy. Ronnie Earle is wrong on the facts. Ronnie Earle
> is
> wrong on the law.
>
> According to the indictment, the conspiracy was to unlawfully make a
> political contribution of corporate funds to a political party within 60
> days of an election.
>
> The Texas Election Code clearly states that "A corporation or labor
> organization may not knowingly make a contribution [to a political party]
> during a period beginning on the 60th day before the date of a general
> election for state and county officers and continuing through the day of
> the
> election." Title 15, Texas Election Code, $ 253.104. Texas law also states
> in part that "A person commits criminal conspiracy if, with intent that a
> felony be committed: (1) he agrees with one or more persons that they or
> one
> or more of them engage in conduct that would constitute the offense; and
> (2)
> he or one or more of them performs an overt act in pursuance of the
> agreement."
>
> The Problems with Earle's case:
>
> In an effort to contrive jurisdiction over DeLay, Earle charges that
> because
> Congressman DeLay may have known about the transaction before it occurred,
> he was then part of a conspiracy.
>
> However, Earle's office has sworn testimony and other exculpatory evidence
> showing that Congressman DeLay did not have knowledge of the transaction.
>
> In addition:
>
> No corporation or labor organization was indicted in this conspiracy.
> Neither Jim Ellis nor John Colyandro is a corporation or labor
> organization.
>
> No corporation or labor organization made a contribution during 60 days of
> an election.
>
> What constitutes a contribution under the Texas Election Code is not
> strictly defined.
>
> Neither the RNC nor RNSEC constitute a political party under Texas
> election
> law. They are considered PACs, just as the DNC is.
>
> Corporations in Texas could have legally made contributions to the RNC or
> RNSEC during the period in question under Texas election law.
>
> There was no violation of the Texas Election Code. There was no
> conspiracy.
> The underlying transaction was legal. Had corporations sent money directly
> to the RNC or RNSEC, the transaction would be legal. How could anyone
> conspire to do indirectly what could legally have been done directly?
>
> Comstock adds:
>
> Ronnie Earle has a history of using his office for attacks on his
> political
> and personal enemies.
>
> "The Travis County, Texas, prosecutor investigating Mr. DeLay has a
> history
> of using his office for partisan ends."(Congressional prerogative, The
> Washington Times, November 19, 2004)
>
> Earle has demonstrated a past zeal for indicting conservative figures and
> even liberals with whom he has personal or professional disagreements.
> (Target: DeLay, National Review, April 11, 2005)
>
> Earle's partisan prosecutions - which have frequently failed - are
> designed
> for political harm, not legal harm. Earle is the same partisan prosecutor
> who politically indicted and failed to convict:
>
>   Senator Kay Bailey Hutchison
>
>   Conservative Democrat Bob Bullock (when he was Comptroller - later he
> was
>   Lt. Governor)
>
>   Democrat Attorney General Jim Mattox
>
> Ronnie Earle's three year political vendetta against Rep. DeLay has been
> marked by:
>
> Illegal grand jury leaks, A fundraising speech by Earle for the Texas
> Democrat party that inappropriately focused on the investigation, Misuse
> of
> his office for partisan purposes, and Extortion of money for Earle's pet
> projects from corporations in exchange for dismissing indictments he
> brought
> against them.
>
> Ronnie Earle has been frequently criticized for his methods:
>
> The Dallas Morning News criticized Earle in the Hutchison case:
>
> "the impression of partisan unfairness has certainly been reinforced by
> the
> leaks and public comment about Hutchison's case from the District
> Attorney's
> office throughout the summer. That the Grand Jury investigation has been
> conducted with so much fanfare such as the tip-offs to the new media when
> key records were seized from the former treasurer's office has added a
> darker tone to the cloudy proceedings." (Hutchison Probe; Fair and Speedy
> trial is essential, The Dallas Morning News, September 28, 1993)
>
> The Houston Chronicle called into question Earle's impartiality and
> judgment:
>
> "The fact that Earle refuses to recognize his blunder and would do it
> again
> calls into question whether he has the necessary impartiality and judgment
> to conduct the investigation that to a great extent will determine whether
> Texas election campaigns will be financed and perhaps determined by
> corporations or by individuals."
>
> (Self-inflicted wound; District attorney's poor judgment in speaking at a
> Democratic fund-raiser provides an unintended boost for DeLay's
> defenders.,
> The Houston Chronicle, May 20, 2005)
>
> --
> Gary Wiltshire

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