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Conspiracy charge a possibility for DeLay


Texsox

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Linked here

 

By Laylan Copelin

 

AMERICAN-STATESMAN STAFF

 

Wednesday, September 28, 2005

 

U.S. House Majority Leader Tom DeLay's leadership post is on the line today as a Travis County grand jury is expected to consider indicting DeLay on conspiracy charges, several lawyers familiar with the investigation said.

 

The charges would stem from the DeLay's role in using corporate money in the 2002 elections. State law generally bans corporate money from campaign activities.

 

"I wouldn't have expected this a year ago," one Austin criminal defense lawyer said. "It's quite a turnaround if it happens."

 

Those same lawyers, though, expect the grand jury to take no action against Texas House Speaker Tom Craddick, Texas Association of Business President Bill Hammond or state Reps. Diane Delisi and Beverly Woolley for their roles in the election. The lawyers requested anonymity because of the sensitive nature of the grand jury's discussions.

 

Grand jury proceedings are secret, and jurors took no action Tuesday. Even as DeLay, a Republican from Sugar Land, continued to insist that he did nothing wrong, his defense team has been bracing for the worst.

 

An indictment would not force DeLay to resign as a member of Congress, but the GOP's rules would demand that he resign his post as majority leader.

 

Wednesday's secret vote by the grand jury could mark the end of a three-year investigation into whether DeLay and his Republican and business allies illegally spent corporate money to help elect a Republican majority to the Legislature in 2002. In turn, state lawmakers drew congressional districts urged by DeLay that gave Texas Republicans more clout in Washington. The lawmakers also elected Craddick, a Republican from Midland and a DeLay ally, as their speaker.

 

DeLay had appeared to escape criminal scrutiny as early as last year when Travis County prosecutors concluded that they did not have the jurisdiction to pursue election code violations against him. Under the law, only DeLay's local district attorney, a Republican, had jurisdiction, and he expressed no interest in trying to topple the second most powerful Texan in Washington.

 

But a conspiracy charge would fall under the criminal code, not the election statute that bans corporate money from being spent on a campaign.

 

That tactic is what defense lawyers fear — and would give Travis County prosecutors jurisdiction over DeLay.

 

More at link.

 

Nooooooo, I wanted to run with the Hammer :bang

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