From: "Rich Gauszka" 

You lost me with "target of the indictment having to act guilty".
 Will DeLay not get his day in court?

The press has a field day with scandals concerning the rich and powerful
but the Clintons used that excuse so I guess DeLay can use the same tired
refrain.
 "Mark"  wrote in message
news:433b5219{at}w3.nls.net...

> 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.  were in control, so it's obvious that they'd be indicted at a higher
> rate --  simply because they're politicians and were in power -- and none
> of those should have had to act guilty before the fact either>
>
> "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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