From: "Mark" 

Rich, I don't care if he prosecuted Dems at a 10:1 ratio over Reps, I take
issue with the target of the indictment having to act guilty before the
indictment is proven. 

"Rich Gauszka"  wrote in message
news:433b4cf4{at}w3.nls.net...
> The partisan DA has prosecuted 3 times more Democrats for violating
> fundraising rules in Texas. Now Delay is blaming a newspaper for putting
> pressure on the prosecutor.
>
> http://www.dfw.com/mld/startelegram/news/state/12766399.htm
>
> AUSTIN - U.S. Rep. Tom DeLay, in responding to the conspiracy charge
> against him, blamed a newspaper for putting pressure on a Texas prosecutor
> to indict him.
>
> "It was this renewed political pressure in the waning days of his hollow
> investigation that led this morning's action," DeLay said Wednesday after
> a grand jury indicted him on a criminal conspiracy charge.
>
> The indictment accuses DeLay of conspiring to violate political
> fundraising laws with two associates. DeLay temporarily stepped aside as
> majority leader to fight the charge, which could result in a state jail
> term of up to two years if he's convicted.
>
> The Austin American-Statesman, which published an editorial Sept. 11
> questioning why Travis County District Attorney Ronnie Earle's
> investigation had recently been resulting in indictments of organizations
> and not individuals, appears to be the newspaper DeLay was criticizing.
>
>
>
>
>
> "Mark"  wrote in message
news:433b42fd{at}w3.nls.net...
>>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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