From: "Gary Wiltshire" 

On Wed, 28 Sep 2005 21:45:55 -0400, Randy H
 wrote:

> No matter-the Grand Jury spoke, and now its in the hands of the Texas
> Judicial system.

"No matter?"  The facts I posted about Earle's past behavior are accurate
-- the Hutchinson case and his failure are public record.  This one is
coming back to bite him in the ass.
>
> "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
>
>



--
Gary Wiltshire

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