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#1
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"Harry Krause" wrote in message ... Jim Carter wrote: News Flash... Delay has been charged with criminal conspiracy!!!!!! Jim What a delight. Of course, the right-wing trash said he'd never be delighted. Now I am sure they will say he will never be convicted. Does that make me "right wing trash" if I also believe that he won't be convicted. There was a loophole in the Texas law that Delay and co. took advantage. IF it's a loophole it's not illegal just irregular to unethical. That's politics, just as this charge is politics because Earl knows that he can't get a conviction. Is that also unethical???? |
#2
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On Thu, 29 Sep 2005 08:47:50 -0400, Jeff Rigby wrote:
Does that make me "right wing trash" if I also believe that he won't be convicted. There was a loophole in the Texas law that Delay and co. took advantage. IF it's a loophole it's not illegal just irregular to unethical. That's politics, just as this charge is politics because Earl knows that he can't get a conviction. Is that also unethical???? Consider it may only be Round 1. DeLay is also likely to be investigated in regards to the Abramoff probe. That's Federal. |
#3
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"Jeff Rigby" wrote in message ... "Harry Krause" wrote in message ... Jim Carter wrote: News Flash... Delay has been charged with criminal conspiracy!!!!!! Jim What a delight. Of course, the right-wing trash said he'd never be delighted. Now I am sure they will say he will never be convicted. Does that make me "right wing trash" if I also believe that he won't be convicted. There was a loophole in the Texas law that Delay and co. took advantage. IF it's a loophole it's not illegal just irregular to unethical. That's politics, just as this charge is politics because Earl knows that he can't get a conviction. Is that also unethical???? Former DOJ official Barbara Comstock's 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) |
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