DeLay indictment quashed.
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  DeLay indictment quashed.
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Author Topic: DeLay indictment quashed.  (Read 1217 times)
jimrtex
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« on: June 27, 2007, 04:13:18 PM »

High court upholds dismissal of indictment against DeLay

The Texas Court of Criminal Appeals is the highest Texas court for criminal matters.  It is not subordinate to the Texas Supreme Court, so that this decision may not be appealed.

This was the original charge against DeLay.  After DeLay's originally sought to have this charge thrown out.  Ronnie Earle went to two grand juries in order to get the other charge (conspiracy to money launder).  This was right at the point that the statute of limitations would have run out.

I suspect that the 2nd charge will eventually be overthrown, since it amounts to a claim that DeLay knew using campaign money in one way was illegal, it was used in a legal manner.
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Keystone Phil
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« Reply #1 on: June 27, 2007, 04:15:19 PM »

Sensing this as a major victory, DeLay gets more arrogant than he already is and decides to challenge Cornyn for his Senate seat.  Tongue
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Sam Spade
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« Reply #2 on: June 27, 2007, 04:17:10 PM »

Well, it could only be appealed to the US Supreme Court, right, considering Texas has the two-tier higher court system and all.

I agree with your analysis generally (and I always did under the facts I saw).  Surprised nothing has happened with Abramoff, I always thought there was a better shot of getting DeLay there.
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CARLHAYDEN
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« Reply #3 on: June 27, 2007, 04:46:31 PM »

Mike Nifong is getting his just deserts.

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
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Conan
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« Reply #4 on: June 27, 2007, 10:47:51 PM »

Mike Nifong is getting his just deserts.

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.
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CARLHAYDEN
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« Reply #5 on: June 28, 2007, 12:00:25 AM »

Mike Nifong is getting his just deserts.

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.

Which charges are also spurious.

Earle had to go to multiple grand juries to get an indictment.

Also, remember his indictment of Kay Bailey Hutchinson?

Remember his indictment of the Texas Attorney General?

While Earle considers being a conservative elected to public office in Texas to be an indictable offense, the courts have repeatedly rejected his idiotlogical witch hunts.

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Conan
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« Reply #6 on: June 28, 2007, 12:01:44 AM »

Mike Nifong is getting his just deserts.

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.

Which charges are also spurious.

Earle had to go to multiple grand juries to get an indictment.

Also, remember his indictment of Kay Bailey Hutchinson?

Remember his indictment of the Texas Attorney General?

While Earle considers being a conservative elected to public office in Texas to be an indictable offense, the courts have repeatedly rejected his idiotlogical witch hunts.


We'll let the jury decide.
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Smash255
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« Reply #7 on: June 28, 2007, 12:03:06 AM »

Mike Nifong is getting his just deserts.

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.

Which charges are also spurious.

Earle had to go to multiple grand juries to get an indictment.

Also, remember his indictment of Kay Bailey Hutchinson?

Remember his indictment of the Texas Attorney General?

While Earle considers being a conservative elected to public office in Texas to be an indictable offense, the courts have repeatedly rejected his idiotlogical witch hunts.



Yes because we all know Tom Delay is an upstanding citizen....

Oh and something you tended to well forget, Earle has gone after more Democrats than Republicans.
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« Reply #8 on: June 28, 2007, 01:04:51 AM »

And yet Nick Lampson still holds DeLay's seat. The purpose of the indictment has already been completed.
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« Reply #9 on: June 28, 2007, 07:16:36 AM »

And yet Nick Lampson still holds DeLay's seat. The purpose of the indictment has already been completed.

Thus proving the whole mess was a witch hunt.

DeLay is innocent of any "crime", quite obviously.
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CARLHAYDEN
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« Reply #10 on: June 28, 2007, 08:46:44 AM »

And yet Nick Lampson still holds DeLay's seat. The purpose of the indictment has already been completed.

Exactly correct!
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jimrtex
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« Reply #11 on: June 29, 2007, 03:02:36 PM »

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.
Ronnie Earle was told when he originally brought the charges that the felony conspiracy law did not apply to political contribution cases (at the time the offense was allegedly committed).  Earle is attempting an ex post facto prosecution.

The political contribution law is a misdemeanor, and did not occur in Travis County.  Travis supposedly sent his evidence to the DA in Fort Bend County, who declined to prosecute.

Apparently Earle finally realized his case would be thrown out on a technicality of the statute being prosecuted under not existing when the offense was committed, went back to two different grand juries to get the conspiracy to commit money laundering charge.  The grand jury that had heard all the evidence and made the original indictment had disbanded by then.  The first grand jury that he went to declined to make an additional charge, and he had to go to another grand jury.

If Earle really thought that the conspiracy to commit money laundering applied, he would have prosecuted under that charge in the first place.  But he knows that money swaps occur all the time.

The original conspiracy charge was thrown out by the trial judge, his decision has been upheld by the appeals court, and now the highest criminal court in Texas.   The defense has been ready to go to trial for more than a year.
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DownWithTheLeft
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« Reply #12 on: June 29, 2007, 04:06:28 PM »

Not surprising as DeLay did not do anything wrong, very similar to Duke.  However, I'm sure Bill Jefferson will walk as well while some other GOPers go to jail.
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BRTD
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« Reply #13 on: June 29, 2007, 07:41:54 PM »

I sure as hell don't want Bill Jefferson to walk. I want the book thrown at him and for him to never spend another day outside of a prison cell like he deserves for being such a vile, disgusting piece of human trash.
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CARLHAYDEN
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« Reply #14 on: June 29, 2007, 07:51:23 PM »

It would be nice of Ronnie Earle (the Texas version of Nifong) also gets disbarred for pursuing meritless cases for political gain.
I guess no one bothers to read the news. This charge was thrown out over a year ago and they tried to get it reinstated, it was not, in a 5-4 decision. Delay still faces a few other charges.
Ronnie Earle was told when he originally brought the charges that the felony conspiracy law did not apply to political contribution cases (at the time the offense was allegedly committed).  Earle is attempting an ex post facto prosecution.

The political contribution law is a misdemeanor, and did not occur in Travis County.  Travis supposedly sent his evidence to the DA in Fort Bend County, who declined to prosecute.

Apparently Earle finally realized his case would be thrown out on a technicality of the statute being prosecuted under not existing when the offense was committed, went back to two different grand juries to get the conspiracy to commit money laundering charge.  The grand jury that had heard all the evidence and made the original indictment had disbanded by then.  The first grand jury that he went to declined to make an additional charge, and he had to go to another grand jury.

If Earle really thought that the conspiracy to commit money laundering applied, he would have prosecuted under that charge in the first place.  But he knows that money swaps occur all the time.

The original conspiracy charge was thrown out by the trial judge, his decision has been upheld by the appeals court, and now the highest criminal court in Texas.   The defense has been ready to go to trial for more than a year.

A very good summary of the events.  Thanks.
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