Tom DeLay corruption investigation
Encyclopedia
Tom DeLay
, a Republican
U.S. Representative
from Texas
from 1979 to 1983 and from 1985 to 2006 and the House Majority Leader from 2003 to 2005, was convicted
in 2010 of money laundering
and conspiracy
charges
related to illegal campaign finance
activities aimed at helping Republican candidates for Texas state office in the 2002 elections.
Ronnie Earle
, the District Attorney
of Travis County (which includes the state capital of Austin
), sought the indictment
of Tom DeLay
in 2005. A Travis County grand jury
issued an indictment in 2005. An arrest warrant
was issued on October 19, 2005, and DeLay turned himself in the next day to the Harris County Sheriff's Office in Houston
. In accordance with House Republican Conference
rules, DeLay temporarily resigned from his position as House Majority Leader. On January 7, 2006, after pressure from fellow Republicans, he announced that he would not seek to return to the post. On June 9, 2006, DeLay resigned from Congress
.
After two judge
s were recused
from the case, the chief justice
of the Texas Supreme Court
assigned Senior District Judge Pat Priest
of San Antonio to preside over the case. DeLay moved to dismiss
all charges. Judge Priest dismissed one count of the indictment alleging conspiracy to violate election law but allowed the other, more serious charges of money laundering and conspiracy to engage in money laundering to proceed.
On November 24, 2010, DeLay was convicted by a Texas jury
on both counts. The range of possible sentences was probation
to between 5 and 99 years in prison and up to $20,000 in fines, though the judge could have chosen probation
. On January 10, 2011, after a sentencing hearing
, Judge Priest sentenced DeLay to three years in prison on the charge of conspiring to launder corporate money into political donations. On the charge of money laundering, DeLay was sentenced to five years in prison, but that was probated for 10 years, meaning DeLay would serve 10 years' probation. Dick DeGuerin
is DeLay's defense attorney. DeLay intends to appeal
his conviction.
In 2001 the Texas Legislative Redistricting Board (a panel composed of the state's Lieutenant Governor
, Comptroller of Public Accounts
, Speaker of the state House
, Attorney General
, and Land Commissioner) redrew state legislative districts in accordance with the Census results. The new map that was adopted by the Republican-dominated board gave the Republicans an edge in winning the Texas House of Representatives, still controlled at that time by the Democrats. During the 2002 elections under these new maps, DeLay aggressively raised money for Republican candidates under Texans for a Republican Majority
(TRMPAC).
In October 2002, TRMPAC made contributions, through several channels, to Nelson Balido of San Antonio ($2,000), Byron Cook of Corsicana ($2,000), Wayne Christian of Center ($2,000), Rick Green of Dripping Springs ($2,000), and Eddie Shauberger of Liberty ($2,000), among others. It has since been alleged that TRMPAC was used to funnel illegal corporate donations into the campaigns of Republican candidates for State Representative.
The GOP victories in 2002 resulted in their control of the Texas House in addition to the Senate. As a result, the Texas Legislature was called into session in 2003 to establish a controversial mid-decade redistricting plan
that favored Republicans. A number of Democrats (the "Killer Ds," in the state House, and "Texas Eleven
" in the state Senate) left the state and went to Oklahoma
and later New Mexico
to deny a quorum
for voting. Helen Giddings
, the recognized negotiator, was arrested in May 2003, but later the arrest was called a mistake. The political police dragnet was at taxpayer expense. Texas House Speaker Craddick apologized to Giddings and then ordered the Sergeant at Arms to incarcerate Giddings in the state capital buildings.
On May 26, 2005, a Texas judge ruled that a committee formed by DeLay had violated state law by not disclosing over $600,000 worth of fundraising money, mostly from the credit card industry, including $25,000 from Sears, Roebuck & Co., and $50,000 from Diversified Collections Services of San Leandro. Some of the money was spent on manning phone banks and posting wanted posters on Federal Highways calling for the arrest of Democratic legislators with an 800 number to the Texas Department of Public Safety to call if seen after the Democratic caucus
left for Oklahoma in order to prevent the redistricting
legislation from passing. The Federal Highway Administration offered to cooperate in arresting the Democrats, forcing the Democrats to travel to Oklahoma by plane instead of by automobile. Five Texas congressional seats changed hands from Democrats to Republicans during the 2004 election, in part because of the new redistricting.
On October 6, 2004, the House Ethics Committee unanimously admonished DeLay on two counts. The first count stated that DeLay "created the appearance that donors were being provided with special access to Representative DeLay regarding the then-pending energy legislation." The second count said that DeLay "used federal resources in a political issue" by asking the Federal Aviation Administration
and Justice Department
to help track Texas legislators during the battle over Texas redistricting.
At the time of the latter admonishment, the House Ethics committee deferred action on another count related to fundraising while that matter was subject to state criminal action. That state investigation eventually led to the felony indictment on September 28, 2005.
In 2005, the Federal Elections Commission audit
ed ARMPAC, DeLay's political action committee. The FEC found that ARMPAC had failed to report $322,306 in debts owed to vendors, and that it had incorrectly paid for some committee expenses using funds from an account designated for non-federal elections. The FEC also found that ARMPAC had misstated the balances of its receipts and ending cash-on-hand for 2001, and of its receipts, disbursements, and beginning and ending cash-on-hand for 2002. ARMPAC corrected the omission of the debts in amended reports, and is reviewing the portion of the audit dealing with incorrect payment for expenses.
Earle, a Democrat, has indicted both Democratic and Republican office-holders in Texas; he even once prosecuted himself, in 1983 for missing a filling deadline and paid a $212 fine. DeLay asserts that Earle is a "a rogue district attorney" engaged in "blatant political partisanship."
, who already faced charges of money laundering
in the case, as well as 13 counts of unlawful acceptance of a corporate political contribution. The charges were brought before the grand jury by Earle. Joe Turner, who represents Colyandro, has said that he does not want a jury trial
in Austin, because he believes that "DeLay and Republicans are hated [there]".
The indictment charges that DeLay, Colyandro and Ellis conspired to pass corporate contributions to candidates for the Texas legislature in violation of Texas campaign finance
law. Allegedly, several corporations (such as Diversified Collection Services and Sears Roebuck) made contributions to TRMPAC. The indictment charged that TRMPAC then sent a check for $190,000 to the Republican National Committee
, made payable to "RNSEC" (the Republican National State Elections Committee), along with a list of state-level Republican candidates who should receive the money. According to the indictment, the Republican candidates in Texas did in fact receive the money so designated.
A Travis County, Texas, grand jury issued the indictment. Grand jury foreman William Gibson said that there were "stacks and stacks" of evidence, and, "As far as we're concerned, they presented us enough evidence and witnesses that we felt we were on the right track. I would not have put my name on that grand-jury indictment unless I felt we had ample probable cause." Gibson told KLBJ Radio in an interview that his decision to indict Tom DeLay was based on news stories that the Texas Association of Business mailings against candidate James Spencer, a friend of his, were coordinated with TRMPAC.
Earle's investigation of DeLay is the subject of a documentary
, The Big Buy: Tom DeLay's Stolen Congress
. The filmmakers went to cover the 2003 Texas redistricting
battle but eventually focused primarily on the grand jury investigation. Earle cooperated with the documentarians but DeLay repeatedly refused to meet with them.
, a Washington, D.C., lawyer and lobbyist, who had earlier represented Gingrich during his ethics cases. DeLay and his attorney, Dick DeGeurin, have claimed that Earle has a history of indicting his political enemies.
Because of Republican party rules regarding leadership and indictments, DeLay stepped down from his position as House Majority Leader. Serving his last day on June 9, 2006, Delay stepped down, "to pursue new opportunities to engage in the important cultural and political battles of our day from an arena outside of the U.S. House of Representatives." White House spokesman Scott McClellan
commented by saying that President Bush still viewed DeLay as "a good ally, a leader who we have worked closely with to get things done for the American people." On January 7, 2006, DeLay announced that he would not seek to return to his position as Majority Leader.
DeLay's lawyers have asserted that there are various problems with the indictments. On October 3, 2005, DeLay's lawyers filed a motion to get the indictment of conspiracy to violate election law thrown out as fraudulent, claiming it was a violation of the U.S. Constitution's ban on ex-post facto applications of law. DeLay's lawyers claim that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a professor of law at the University of Texas at Austin
, believes that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law, and characterised the 2003 change cited by DeLay's lawyers as a clarification of existing law, stating "It isn't unheard of — the Legislature passing a law to make clear what the law is."
While the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity," DeLay's lawyers maintain the corporate donations came from normal and legal business activity.
Earle is continuing to pursue felony money-laundering charges against DeLay and two campaign associates.
"The Texas Court of Criminal Appeals today upheld the money laundering indictments against James Ellis and John Colyandro in a political ethics case tied to former U.S. House Majority Leader Tom DeLay, R-Sugar Land. DeLay was not directly involved in the appeal, but his trial had been postponed while the indictments against Colyandro and Ellis were on appeal. All three men have been indicted on charges of illegally laundering corporate money through the Republican National Committee in exchange for individual contributions to help Republican state House candidates in the 2002 elections.
"The men have maintained that they did nothing illegal.Colyandro and Ellis were indicted in the case before DeLay. They had already begun appeals of their indictments prior to the indictments being returned against DeLay.More specifically, they have maintained that the Texas money laundering statute did not apply in their case. The Texas Third Court of Appeals had agreed, but the state's high criminal court overturned that opinion today.
"The opinion by Judge Sharon Keller said the lower appeals court had "Inappropriately" over-stepped its bounds in a habeas corpus
hearing by determining the money laundering law violated Ellis and Colyandro's First Amendment rights of free speech. Keller, writing for the unanimous court, also said the state's election laws are not unconstitutional.
"The ruling, barring the usual motion for a re-hearing, clears the way at the state level for a trial to begin for DeLay, Ellis and Colyandro. However, lawyers for the three have indicated in the past that if they lose at the state level they will raise constitutional issues in federal court."
R. G. Ratcliff, Chief of The Houston Chronicle's Austin Bureau, April 28, 2010
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
U.S. Representative
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
from Texas
Texas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
from 1979 to 1983 and from 1985 to 2006 and the House Majority Leader from 2003 to 2005, was convicted
Conviction
In law, a conviction is the verdict that results when a court of law finds a defendant guilty of a crime.The opposite of a conviction is an acquittal . In Scotland and in the Netherlands, there can also be a verdict of "not proven", which counts as an acquittal...
in 2010 of money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
charges
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
related to illegal campaign finance
Campaign finance
Campaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
activities aimed at helping Republican candidates for Texas state office in the 2002 elections.
Ronnie Earle
Ronnie Earle
Ronald Dale "Ronnie" Earle was, until January 2009, the District Attorney for Travis County, Texas. He became nationally known for filing charges against House majority leader Tom DeLay in September 2005 for conspiring to violate Texas' election law and/or to launder money...
, the District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
of Travis County (which includes the state capital of Austin
Austin, Texas
Austin is the capital city of the U.S. state of :Texas and the seat of Travis County. Located in Central Texas on the eastern edge of the American Southwest, it is the fourth-largest city in Texas and the 14th most populous city in the United States. It was the third-fastest-growing large city in...
), sought the indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
of Tom DeLay
Tom DeLay
Thomas Dale "Tom" DeLay is a former member of the United States House of Representatives, representing Texas's 22nd congressional district from 1984 until 2006. He was Republican Party House Majority Leader from 2003 to 2005, when he resigned because of criminal money laundering charges in...
in 2005. A Travis County grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
issued an indictment in 2005. An arrest warrant
Arrest warrant
An arrest warrant is a warrant issued by and on behalf of the state, which authorizes the arrest and detention of an individual.-Canada:Arrest warrants are issued by a judge or justice of the peace under the Criminal Code of Canada....
was issued on October 19, 2005, and DeLay turned himself in the next day to the Harris County Sheriff's Office in Houston
Houston, Texas
Houston is the fourth-largest city in the United States, and the largest city in the state of Texas. According to the 2010 U.S. Census, the city had a population of 2.1 million people within an area of . Houston is the seat of Harris County and the economic center of , which is the ...
. In accordance with House Republican Conference
Republican Conference of the United States House of Representatives
The House Republican Conference is the party caucus for Republicans in the United States House of Representatives. It hosts meetings and is the primary forum for communicating the party's message to members...
rules, DeLay temporarily resigned from his position as House Majority Leader. On January 7, 2006, after pressure from fellow Republicans, he announced that he would not seek to return to the post. On June 9, 2006, DeLay resigned from Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
.
After two judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s were recused
Recusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
from the case, the chief justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
of the Texas Supreme Court
Texas Supreme Court
The Supreme Court of Texas is the court of last resort for non-criminal matters in the state of Texas. A different court, the Texas Court of Criminal Appeals, is the court of last resort for criminal matters.The Court is composed of a Chief Justice and eight Associate Justices...
assigned Senior District Judge Pat Priest
Pat Priest (judge)
Pat Priest is a Texas state court judge from San Antonio. The Senior District Judge of Bexar County status, he was appointed to preside over the Tom DeLay campaign finance trial in Austin, Texas by Chief Justice of Texas Supreme Court Wallace B. Jefferson after two judges Pat Priest (born 1940)...
of San Antonio to preside over the case. DeLay moved to dismiss
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
all charges. Judge Priest dismissed one count of the indictment alleging conspiracy to violate election law but allowed the other, more serious charges of money laundering and conspiracy to engage in money laundering to proceed.
On November 24, 2010, DeLay was convicted by a Texas jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
on both counts. The range of possible sentences was probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
to between 5 and 99 years in prison and up to $20,000 in fines, though the judge could have chosen probation
Probation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
. On January 10, 2011, after a sentencing hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
, Judge Priest sentenced DeLay to three years in prison on the charge of conspiring to launder corporate money into political donations. On the charge of money laundering, DeLay was sentenced to five years in prison, but that was probated for 10 years, meaning DeLay would serve 10 years' probation. Dick DeGuerin
Dick DeGuerin
Dick DeGuerin is a criminal defense attorney based in Houston, Texas. DeGuerin was admitted to the State Bar in 1965...
is DeLay's defense attorney. DeLay intends to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
his conviction.
Background
In the reapportionment following the 1990 Census, Texas Democrats drew what Republican political analyst Michael Barone argued was the most effective partisan gerrymander in the country. The Democrats won 70 percent of the Texas congressional seats in 1992, the first year in which the new districts were in effect, while taking half of the total number of votes cast for Congress statewide. After the 2000 census, Republicans sought to redraw the district lines to support a Republican majority in the congressional delegation while Democrats desired to retain a plan similar to the existing lines. The two parties reached an impasse in the Texas Legislature, where Republicans controlled the Senate and Democrats controlled the House. As a result the new district lines were drawn by a three judge federal court panel that made as few changes as possible while adding the two new seats.In 2001 the Texas Legislative Redistricting Board (a panel composed of the state's Lieutenant Governor
Lieutenant Governor of Texas
The Lieutenant Governor of Texas is the second-highest executive office in the government of Texas, a state in the U.S. It is the second most powerful post in Texas government because its occupant controls the work of the Texas Senate and controls the budgeting process as a leader of the...
, Comptroller of Public Accounts
Texas Comptroller of Public Accounts
The Texas Comptroller of Public Accounts is an executive branch position created by the Texas Constitution. As with nearly every other executive branch head, the Comptroller is popularly elected every four years concurrently with the Governor and the other elected executive branch positions...
, Speaker of the state House
Speaker of the Texas House of Representatives
The Speaker of the Texas House of Representatives is the presiding officer of the Texas House of Representatives. The Speaker's main duties are to conduct meetings of the House, appoint committees, and enforce the Rules of the House...
, Attorney General
Texas Attorney General
The Texas Attorney General is the chief legal officer of the State of Texas.The department has offices at the William P. Clements State Office Building at 300 West 15th Street in Austin.-History:...
, and Land Commissioner) redrew state legislative districts in accordance with the Census results. The new map that was adopted by the Republican-dominated board gave the Republicans an edge in winning the Texas House of Representatives, still controlled at that time by the Democrats. During the 2002 elections under these new maps, DeLay aggressively raised money for Republican candidates under Texans for a Republican Majority
Texans for a Republican Majority
Texans for a Republican Majority or TRMPAC is a general-purpose political action committee registered with the Texas Ethics Commission. It was founded in 2001 by former Republican Texas U.S. Rep...
(TRMPAC).
In October 2002, TRMPAC made contributions, through several channels, to Nelson Balido of San Antonio ($2,000), Byron Cook of Corsicana ($2,000), Wayne Christian of Center ($2,000), Rick Green of Dripping Springs ($2,000), and Eddie Shauberger of Liberty ($2,000), among others. It has since been alleged that TRMPAC was used to funnel illegal corporate donations into the campaigns of Republican candidates for State Representative.
The GOP victories in 2002 resulted in their control of the Texas House in addition to the Senate. As a result, the Texas Legislature was called into session in 2003 to establish a controversial mid-decade redistricting plan
2003 Texas redistricting
The 2003 Texas redistricting refers to a controversial mid-decade congressional redistricting plan appealed to the United States Supreme Court in League of United Latin American Citizens v. Perry...
that favored Republicans. A number of Democrats (the "Killer Ds," in the state House, and "Texas Eleven
Texas Eleven
The Texas Eleven were a group of Texas Senate Democrats who fled Texas for Albuquerque, New Mexico for 46 days in 2003 aimed at preventing the passage of controversial redistricting legislation that was intended to benefit Texas Republicans. A group of Texas House representatives, dubbed the Killer...
" in the state Senate) left the state and went to Oklahoma
Oklahoma
Oklahoma is a state located in the South Central region of the United States of America. With an estimated 3,751,351 residents as of the 2010 census and a land area of 68,667 square miles , Oklahoma is the 28th most populous and 20th-largest state...
and later New Mexico
New Mexico
New Mexico is a state located in the southwest and western regions of the United States. New Mexico is also usually considered one of the Mountain States. With a population density of 16 per square mile, New Mexico is the sixth-most sparsely inhabited U.S...
to deny a quorum
Quorum
A quorum is the minimum number of members of a deliberative assembly necessary to conduct the business of that group...
for voting. Helen Giddings
Helen Giddings
Helen Giddings is a lifelong resident of Dallas County, and believes that public service identifies her. She is a community leader, successful entrepreneur, and is currently serving an eighth-term as a member of the Texas State House of Representatives. Rep...
, the recognized negotiator, was arrested in May 2003, but later the arrest was called a mistake. The political police dragnet was at taxpayer expense. Texas House Speaker Craddick apologized to Giddings and then ordered the Sergeant at Arms to incarcerate Giddings in the state capital buildings.
On May 26, 2005, a Texas judge ruled that a committee formed by DeLay had violated state law by not disclosing over $600,000 worth of fundraising money, mostly from the credit card industry, including $25,000 from Sears, Roebuck & Co., and $50,000 from Diversified Collections Services of San Leandro. Some of the money was spent on manning phone banks and posting wanted posters on Federal Highways calling for the arrest of Democratic legislators with an 800 number to the Texas Department of Public Safety to call if seen after the Democratic caucus
Caucus
A caucus is a meeting of supporters or members of a political party or movement, especially in the United States and Canada. As the use of the term has been expanded the exact definition has come to vary among political cultures.-Origin of the term:...
left for Oklahoma in order to prevent the redistricting
Redistricting
Redistricting is the process of drawing United States electoral district boundaries, often in response to population changes determined by the results of the decennial census. In 36 states, the state legislature has primary responsibility for creating a redistricting plan, in many cases subject to...
legislation from passing. The Federal Highway Administration offered to cooperate in arresting the Democrats, forcing the Democrats to travel to Oklahoma by plane instead of by automobile. Five Texas congressional seats changed hands from Democrats to Republicans during the 2004 election, in part because of the new redistricting.
On October 6, 2004, the House Ethics Committee unanimously admonished DeLay on two counts. The first count stated that DeLay "created the appearance that donors were being provided with special access to Representative DeLay regarding the then-pending energy legislation." The second count said that DeLay "used federal resources in a political issue" by asking the Federal Aviation Administration
Federal Aviation Administration
The Federal Aviation Administration is the national aviation authority of the United States. An agency of the United States Department of Transportation, it has authority to regulate and oversee all aspects of civil aviation in the U.S...
and Justice Department
United States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
to help track Texas legislators during the battle over Texas redistricting.
At the time of the latter admonishment, the House Ethics committee deferred action on another count related to fundraising while that matter was subject to state criminal action. That state investigation eventually led to the felony indictment on September 28, 2005.
In 2005, the Federal Elections Commission audit
Audit
The general definition of an audit is an evaluation of a person, organization, system, process, enterprise, project or product. The term most commonly refers to audits in accounting, but similar concepts also exist in project management, quality management, and energy conservation.- Accounting...
ed ARMPAC, DeLay's political action committee. The FEC found that ARMPAC had failed to report $322,306 in debts owed to vendors, and that it had incorrectly paid for some committee expenses using funds from an account designated for non-federal elections. The FEC also found that ARMPAC had misstated the balances of its receipts and ending cash-on-hand for 2001, and of its receipts, disbursements, and beginning and ending cash-on-hand for 2002. ARMPAC corrected the omission of the debts in amended reports, and is reviewing the portion of the audit dealing with incorrect payment for expenses.
Earle, a Democrat, has indicted both Democratic and Republican office-holders in Texas; he even once prosecuted himself, in 1983 for missing a filling deadline and paid a $212 fine. DeLay asserts that Earle is a "a rogue district attorney" engaged in "blatant political partisanship."
Grand jury indictments
- September 8, 2005: A federal grand jury indicted TRMPAC, which allegedly accepted an illegal political contribution of $100,000 from the Alliance for Quality Nursing Home Care and the Texas Association of Business, on four charges, including unlawful political advertising, unlawful contributions to a political committee and unlawful expenditures such as those to a graphics company and political candidates.
- September 28, 2005: A Travis County grand jury operating under Travis County District Attorney Ronnie EarleRonnie EarleRonald Dale "Ronnie" Earle was, until January 2009, the District Attorney for Travis County, Texas. He became nationally known for filing charges against House majority leader Tom DeLay in September 2005 for conspiring to violate Texas' election law and/or to launder money...
indicted DeLay for conspiring to violate Texas state election law stemming from issues dealing with his involvement in TRMPAC. Texas law prohibits corporate contributions in state legislative races. The indictment charged that TRMPAC accepted corporate contributions, laundered the money through the Republican National CommitteeRepublican National CommitteeThe Republican National Committee is an American political committee that provides national leadership for the Republican Party of the United States. It is responsible for developing and promoting the Republican political platform, as well as coordinating fundraising and election strategy. It is...
, and directed it to favored Republican candidates in Texas.
- September 30, 2005: In response to a motion to dismiss his initial indictment, Earle sought a second indictment of DeLay from a second grand jury. That jury refused to indict. Contrary to normal Texas procedure, a "no bill" document was not publicly released, and no public announcement was made regarding the result until after Earle had presented evidence to a third grand jury and obtained an indictment.
- October 3, 2005: Earle sought and received a new indictment of DeLay from a third grand jury in Austin on charges of conspiracy and money laundering. The next day, in a written statement, Earle publicly admitted that he had presented the case to three grand juries, and that one of the three had refused to indict DeLay. Earle said that he had presented the new money-laundering charge to another grand jury because the previous grand jury had expired. DeLay's lawyers said that Earle should not have waited to make the statement until after 5 P.M. that day.
- October 3, 2005: DeLay's lawyers filed a motion to throw out the charge of conspiracy to violate election law as fraudulent, claiming it was a violation of the U.S. Constitution's ban on ex-post facto applications of law. DeLay's lawyers claim that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a law professor at the University of Texas at Austin, said that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law. He characterized the 2003 change cited by DeLay's lawyers as a clarification of existing law, saying, "It isn't unheard of–the Legislature passing a law to make clear what the law is." Because the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity", DeLay's lawyers maintain that misuse of corporate donations, even if it occurred, could not constitute money laundering.
- October 7, 2005: DeLay's attorneys filed a motion in court to have the latest indictment thrown out, charging that Earle coerced the grand jury and illegally discussed grand jury information and encouraged others to do the same.
- October 19, 2005: A Texas court issued a warrant for DeLay's arrest. DeLay surrendered at the Harris County, TexasHarris County, TexasAs of the 2010 Census, the population of the county was 4,092,459, White Americans made up 56.6% of Harris County's population; non-Hispanic whites represented 33.0% of the population. Black Americans made up 18.9% of the population. Native Americans made up 0.7% of Harris County's population...
jail the next day, was booked, was photographed, was fingerprinted, and posted a $10,000 bond.
- October 21, 2005: DeLay appeared in court.
- November 1, 2005: DeLay prevailed in a motion to remove assigned Travis County judge Bob PerkinsBob PerkinsBob Perkins is a judge who sits on the Travis County District Court in Austin, Texas. In November 2005, he was assigned to preside over the Tom DeLay money-laundering case. DeLay's attorneys objected, noting that Perkins was a member of the Democratic Party, and had contributed to the liberal group...
from the case. Perkins had donated to Democratic candidates and organizations, including MoveOn.org. DeLay's attorneys argued Perkins could not be publicly perceived as impartial under the circumstances. DeLay is also attempting to have the venue changed from Democratic-leaning Travis County.
- November 3, 2005: Pat PriestPat Priest (judge)Pat Priest is a Texas state court judge from San Antonio. The Senior District Judge of Bexar County status, he was appointed to preside over the Tom DeLay campaign finance trial in Austin, Texas by Chief Justice of Texas Supreme Court Wallace B. Jefferson after two judges Pat Priest (born 1940)...
, a "semi-retired" judge, was chosen to preside over the case.
- November 22, 2005: DeLay filed a motion to dismiss the charges against him.
- December 5, 2005: Judge Priest dismissed one count, conspiracy to violate election law, but let stand two counts alleging money laundering and conspiracy to commit money laundering.
- April 19, 2006: The Texas Third Court of Appeals upheld the decision to dismiss the charge of conspiracy to violate election law.
- May 19, 2006: Prosecutors filed an appeal to the Texas Court of Criminal Appeals, the state's highest criminal court, to reinstate the conspiracy indictment.
- June 27, 2007: The Texas Court of Criminal Appeals ruled 5-4 to uphold the decisions of the lower courts and throw out the conspiracy to violate election law charge.
Indictments of associates
On September 13, 2005, a federal grand jury indicted ARMPAC's executive director Jim Ellis and TRMPAC's former executive director John ColyandroJohn Colyandro
John Dominick Colyandro is the former executive director of the political action committee Texans for a Republican Majority. Colyandro has been indicted for money laundering and unlawful acceptance of corporate contributions....
, who already faced charges of money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
in the case, as well as 13 counts of unlawful acceptance of a corporate political contribution. The charges were brought before the grand jury by Earle. Joe Turner, who represents Colyandro, has said that he does not want a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
in Austin, because he believes that "DeLay and Republicans are hated [there]".
The indictment charges that DeLay, Colyandro and Ellis conspired to pass corporate contributions to candidates for the Texas legislature in violation of Texas campaign finance
Campaign finance
Campaign finance refers to all funds that are raised and spent in order to promote candidates, parties or policies in some sort of electoral contest. In modern democracies such funds are not necessarily devoted to election campaigns. Issue campaigns in referendums, party activities and party...
law. Allegedly, several corporations (such as Diversified Collection Services and Sears Roebuck) made contributions to TRMPAC. The indictment charged that TRMPAC then sent a check for $190,000 to the Republican National Committee
Republican National Committee
The Republican National Committee is an American political committee that provides national leadership for the Republican Party of the United States. It is responsible for developing and promoting the Republican political platform, as well as coordinating fundraising and election strategy. It is...
, made payable to "RNSEC" (the Republican National State Elections Committee), along with a list of state-level Republican candidates who should receive the money. According to the indictment, the Republican candidates in Texas did in fact receive the money so designated.
A Travis County, Texas, grand jury issued the indictment. Grand jury foreman William Gibson said that there were "stacks and stacks" of evidence, and, "As far as we're concerned, they presented us enough evidence and witnesses that we felt we were on the right track. I would not have put my name on that grand-jury indictment unless I felt we had ample probable cause." Gibson told KLBJ Radio in an interview that his decision to indict Tom DeLay was based on news stories that the Texas Association of Business mailings against candidate James Spencer, a friend of his, were coordinated with TRMPAC.
Earle's investigation of DeLay is the subject of a documentary
Documentary film
Documentary films constitute a broad category of nonfictional motion pictures intended to document some aspect of reality, primarily for the purposes of instruction or maintaining a historical record...
, The Big Buy: Tom DeLay's Stolen Congress
The Big Buy: Tom DeLay's Stolen Congress
The Big Buy: Tom DeLay's Stolen Congress is a 2006 documentary by Mark Birnbaum and Jim Schermbeck that follows the rise of Tom DeLay from a Texas businessman to the Majority Leader of the United States House of Representatives...
. The filmmakers went to cover the 2003 Texas redistricting
2003 Texas redistricting
The 2003 Texas redistricting refers to a controversial mid-decade congressional redistricting plan appealed to the United States Supreme Court in League of United Latin American Citizens v. Perry...
battle but eventually focused primarily on the grand jury investigation. Earle cooperated with the documentarians but DeLay repeatedly refused to meet with them.
DeLay's response to the indictments
DeLay blasted the charges as a "sham" and an act of "political retribution," perpetuated by his opponents. He added, "I have done nothing wrong, I have violated no law, no regulation, no rule of the House." He retained former U.S. Representative Edwin Bethune of ArkansasArkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, a Washington, D.C., lawyer and lobbyist, who had earlier represented Gingrich during his ethics cases. DeLay and his attorney, Dick DeGeurin, have claimed that Earle has a history of indicting his political enemies.
Because of Republican party rules regarding leadership and indictments, DeLay stepped down from his position as House Majority Leader. Serving his last day on June 9, 2006, Delay stepped down, "to pursue new opportunities to engage in the important cultural and political battles of our day from an arena outside of the U.S. House of Representatives." White House spokesman Scott McClellan
Scott McClellan
Scott McClellan is a former White House Press Secretary for President George W. Bush, and author of a controversial No. 1 New York Times bestseller about the Bush Administration titled What Happened. He replaced Ari Fleischer as press secretary in July 2003 and served until May 10, 2006...
commented by saying that President Bush still viewed DeLay as "a good ally, a leader who we have worked closely with to get things done for the American people." On January 7, 2006, DeLay announced that he would not seek to return to his position as Majority Leader.
DeLay's lawyers have asserted that there are various problems with the indictments. On October 3, 2005, DeLay's lawyers filed a motion to get the indictment of conspiracy to violate election law thrown out as fraudulent, claiming it was a violation of the U.S. Constitution's ban on ex-post facto applications of law. DeLay's lawyers claim that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a professor of law at the University of Texas at Austin
University of Texas at Austin
The University of Texas at Austin is a state research university located in Austin, Texas, USA, and is the flagship institution of the The University of Texas System. Founded in 1883, its campus is located approximately from the Texas State Capitol in Austin...
, believes that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law, and characterised the 2003 change cited by DeLay's lawyers as a clarification of existing law, stating "It isn't unheard of — the Legislature passing a law to make clear what the law is."
While the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity," DeLay's lawyers maintain the corporate donations came from normal and legal business activity.
Current Status of the DeLay indictments
While Earle recently announced that he will not be seeking re-election, he stated that, "There are particular cases pending that are enormously important to this state, this country, and democracy itself. If they are not resolved during the forthcoming last year of my term I will offer my assistance on those matters on a pro bono basis to my successor."Earle is continuing to pursue felony money-laundering charges against DeLay and two campaign associates.
"The Texas Court of Criminal Appeals today upheld the money laundering indictments against James Ellis and John Colyandro in a political ethics case tied to former U.S. House Majority Leader Tom DeLay, R-Sugar Land. DeLay was not directly involved in the appeal, but his trial had been postponed while the indictments against Colyandro and Ellis were on appeal. All three men have been indicted on charges of illegally laundering corporate money through the Republican National Committee in exchange for individual contributions to help Republican state House candidates in the 2002 elections.
"The men have maintained that they did nothing illegal.Colyandro and Ellis were indicted in the case before DeLay. They had already begun appeals of their indictments prior to the indictments being returned against DeLay.More specifically, they have maintained that the Texas money laundering statute did not apply in their case. The Texas Third Court of Appeals had agreed, but the state's high criminal court overturned that opinion today.
"The opinion by Judge Sharon Keller said the lower appeals court had "Inappropriately" over-stepped its bounds in a habeas corpus
Habeas corpus
is a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
hearing by determining the money laundering law violated Ellis and Colyandro's First Amendment rights of free speech. Keller, writing for the unanimous court, also said the state's election laws are not unconstitutional.
"The ruling, barring the usual motion for a re-hearing, clears the way at the state level for a trial to begin for DeLay, Ellis and Colyandro. However, lawyers for the three have indicated in the past that if they lose at the state level they will raise constitutional issues in federal court."
R. G. Ratcliff, Chief of The Houston Chronicle's Austin Bureau, April 28, 2010
External links
- Analysis of alleged flaws in first indictment
- Copy of conspiracy indictment Texas v Colyandro, Ellis & DeLay
- Copy of money laundering indictment Texas v Colyandro, Ellis & DeLay
Documentary
- The Big Buy: Tom DeLay's Stolen Congress A critical documentary focusing on Tom DeLay's alleged involvement in illegal corporate political contributions and the 2003 redistricting of Texas.
- Capitol Crimes: The Land of Lobby is analytical documentary by PBS host Bill Moyers, which explains the lobbying activities of Jack Abramoff and Tom Delay.