WARNING: Lex is not a lawyer. I didn’t play one on TV and I didn’t even sleep at a Holiday Inn last night. Mom and Dad wouldn’t allow lawyers. “Go into something respectable like child pornography” Dad would say. But this the truth as I see it on DeLay as it stands today.
STOP THE BLOG!! A politician has been indicted! That’s right Mr. & Mrs. America there is a crooked politician in Texas. What were the chances? The only question is weather the scoundrel is Republican House Majority Leader Tom DeLay or Travis County Prosecutor Ronnie Earle.
DeLay has protested in innocence loudly and absolutely – almost too loudly and too absolutely. Now if a judge doesn’t quickly dismiss this case, it will appear as if there really is a “there” there. Near as I can figure DeLay conspired to raise money for Republican candidates and causes in Texas. So far so good, raising money for political candidates and causes is not illegal in Texas. Raising money is even legal under the anti-First Amendment load of crap known as McCain Feingold. Ahh but wait, what if the money is EVIL corporate money as opposed to salt of the earth Union money scammed from unsuspecting union members? Well that is a little different. And what if that money came in 60 days prior to the election? That too is a bit different it seems. Lex’s legal team has researched this and here’s what the law says:
"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."
Well as near as can figure this out no corporate entity has been indicted. It seems to me that if “they” had made an illegal contribution “they” too would have been indicted. Near as I can tell the money was never contributed to a “Political Party” but rather a Political Action Committee known as Texans for a Republican Majority. Then there’s the conspiracy thing. Anytime anyone claims a conspiracy, it always seems to cast a greater aspersion on the accuser than the accused – unless of course the accused is the Republican House Leader and the accuser is Democrat. Then the Libs and MSM run wild stating the conspiracy as an absolute truth. This reminds me of the Army Colonel at the Pentagon who used to kid junior Marines that anytime he saw two more of us congregated in the same the place he was sure that there was a conspiracy afoot by Marines to take over the building. The same is true of the MSM and Libs about Republicans only they actually believe it.
This whole thing could be trouble for DeLay and Republicans if it is not resolved quickly. For DeLay, he’s looking at up to three years in the poky if Earle can prove his case. Republicans are looking at an endless MSM news cycle of scandal. Even if DeLay acquitted or the case is throw out, the MSM will give short shrift to that news and taint it with lines like “dropped on a technicality”, “the case was too difficult to prove”, “while the substance of the allegations were true, no law was broken” etc. Even if cleared DeLay will forever be known as “the once indicted Republican Leader.”
Lex has noted that campaign finance reform is not difficult. It requires about three lines.
- Only American citizens of voting age may contribute to political candidates, PACs and/or 527s.
- They may contribute in any amount they choose.
- Candidates, PACs and 527s must report all contributions within 30 days to the FEC.
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