Tuesday, October 11, 2005

Man bites Dog, or Tom Delay tries to eat the DA -- burp!

Not much meat left on this bone, Tommy - Boy. why delay (sic) the inevitable?

AP- DeLay Lawyers Subpoena District Attorney

Oct 11 9:22 PM US/Eastern

By LARRY MARGASAK- Associated Press Writer

WASHINGTON - Indicted Rep. Tom DeLay's defense team tried Tuesday to serve Texas prosecutor Ronnie Earle with a subpoena, but Earle refused to accept it, DeLay lawyer Dick DeGuerin said.
Alleging misconduct with grand jurors, the defense team wants to compel Earle to explain his behavior.

A state campaign finance investigation conducted by Earle led to DeLay's indictment on conspiracy and money laundering charges. DeLay, R-Texas, was obligated by House Republican rules to temporarily step aside as House majority leader.

DeGuerin said acceptance of the subpoena was voluntary Tuesday because it had not been stamped by a court official, but added the defense team would go through the court procedure Wednesday and redeliver it. He said Earle, district attorney for Travis County, would then be obligated to accept the subpoena, but could file a motion to have it dismissed.

The defense lawyer, who is trying to get the indictments dismissed, said an assistant district attorney also refused to accept her subpoena, but a second assistant accepted the subpoena delivered to him. Acceptance simply involves signing a paper acknowledging delivery.

The subpoenas asked that the prosecutor and the two assistants appear in court or submit to a deposition in which the defense lawyers would question them.

DeGuerin also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.

Earle's office said in a written statement, "Because of laws protecting grand jury secrecy, there are limitations to what we can say at this time, but we fully expect to prevail in this matter."

DeGuerin wants Earle to answer 12 questions about conversations he had with grand jurors, including whether the prosecutor became angry when a grand jury decided against an indictment of DeLay and why that decision was not publicly released.

He also wants to know the details of Earle's conversation with William Gibson, foreman of a grand jury that indicted DeLay on conspiracy charges, whose term has since ended.
"If you did nothing improper, you should not be concerned about answering these questions," DeGuerin said in his letter to Earle.

Earle, leading a Texas campaign finance investigation that indicted DeLay and two political associates, went to three grand juries. He presented evidence on DeLay's alleged role in funneling corporate money to Texas legislative candidates in violation of state law.

The first grand jury indicted DeLay on conspiracy charges, the second failed to indict and the third indicted him on an allegation of money laundering. DeLay has said he is innocent of wrongdoing.

DeLay has accused Earle _ a Democrat _ of pursuing the case against him for political reasons. Earle has denied any political motives.

In a motion filed last week, the defense team said that from Sept. 29 through Oct. 3, Earle and his staff "unlawfully participated in grand jury deliberations and attempted to browbeat and coerce" the grand jury that refused to indict DeLay.

The motion said Earle then attempted to cover up and delay public disclosure of the refusal, and also "incited" the foreman of the first grand jury to violate grand jury secrecy by talking publicly about the case _ in an effort to influence grand jurors still sitting.

The foreman, William Gibson, gave media interviews after the grand jury finished its work but told The Associated Press that Earle did not ask him to discuss the case.

"That's a bunch of (expletive) there," Gibson said. "That man did not talk to me."

He said Earle advised him and other grand jurors to keep an open mind as they considered evidence and cautioned them, "What goes on behind closed doors is secret."

The lawyers said Earle then spoke about the case with members of the first grand jury, whose work was finished, to get their opinion of what they might have done if they had known their conspiracy indictment was flawed _ as defense attorneys alleged.

Earle then submitted the grand jury opinions to the third grand jury to persuade it to hand down the money laundering indictment, the defense team contended.

The indictments against DeLay triggered a House Republican rule that forced him to step aside _ at least temporarily _ from his post as majority leader.

Both indictments of DeLay focused on an alleged scheme to move money around and conceal the use of corporate contributions to support Texas Republican legislative candidates. State law prohibits use of corporate donations to support or oppose state candidates, allowing the money to go only for administrative expenses.

DeGuerin is asking for all documents, notes, telephone records and other relevant materials from Earle's staff.

"I am determined to put on record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay," DeGuerin said in a letter to the prosecutor.
Associated Press writer Suzanne Gamboa contributed to this report.



Techunter said...

Not much meat left on this bone, Tommy - Boy. why delay (sic) the inevitable?

Do you mean to suggest that there is a shred of evidence that Tom DeLay intended to launder money? If so, you have clearly only right now entered the fray. You may not like Tom DeLay's ability to get the party's work done, but that does not mean that a partisan prosecutor with a history of falsely accusing Republicans of campaign finance violations has a case against Tom DeLay.

Tallulah Bankhead said...

Well the Texas DA after Tom Delay goes after Democrats, too. He is totally bi-partisan.

I jave worked for friends of Mr. DeLay. The big K STREET LOBBYIST KIND that have fallen in disgrace and are no longer his friends. Pity.


Kilroy2005 said...


Prosecutor Subpoenas DeLay Phone Records

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Oct 13, 5:50 PM (ET)


(AP) Attorney Dick DeGuerin, part of U.S. Rep. Tom DeLay's defense team, talks with the media in...
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AUSTIN, Texas (AP) - A Texas prosecutor subpoenaed records for the home telephone of former House Majority Leader Tom DeLay and the phone of his political campaign Thursday.

Also subpoenaed by prosecutor Ronnie Earle were records for two numbers for DeLay's daughter, Danielle DeLay Ferro.

DeLay is facing charges of money laundering and conspiracy in a Texas campaign finance case.

The subpoenas list telephone numbers, but not whom they belong to. They ask for information about the calls and the numbers' subscribers, voice mail service, billing information, long distance calls made from or charged to the numbers and special features.

(AP) Attorney Dick DeGuerin, part of U.S. Rep. Tom DeLay's defense team, talks with the media in...
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"The thing is no big deal," said Bill White, Austin attorney for DeLay.

Earle's office declined comment on the subpoenas. He has said the investigation is continuing.

Earle is seeking the records and information from Sept. 1, 2001, to Dec. 31, 2002, the time period when a political committee founded by DeLay, Texans for a Republican Majority, was raising money for the 2002 election cycle.

DeLay denies any wrongdoing. However, he was obligated to temporarily step aside as majority leader when charged.

The charges allege that corporate money was funneled to Texas legislative candidates in violation of state law.

(AP) Travis County District Attorney Ronnie Earle speaks during a news conference on Wednesday, Sept....
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White said Earle appeared to be trying to find out what kind of contact DeLay had with two associates, Jim Ellis and John Colyandro, who also are indicted in the case.

"It seems to me he should have been doing it the last three years. Now is a little late to start checking on his evidence," White said.

This is not the first time a subpoena has been issued involving DeLay's daughter, a political consultant. She was subpoenaed in early 2004 to appear before a grand jury and bring records of work she did for TRMPAC.

Calls to one number for Ferro seeking comment went to voice mail. A man who answered a second number for her declined comment.

Earle also subpoenaed records from a phone number for Ellis' daughter and for CAD Affiliates, a technology company in a town near Sugar Land, a Houston suburb that is DeLay's hometown.

Jacqueline Ellis said she didn't know why her phone records would have been subpoenaed and the fact they had been "kind of freaks me out."

Ed Crowell, owner of CAD Affiliates, said DeLay's campaign office shared a building with him once but his company was not associated with DeLay. He said he was not a contributor and has heard from DeLay only when he gets recorded campaign calls at home.

"I've never seen the man. I may have seen him in the grocery store," Crowell said.

DeLay is scheduled to appear Oct. 21 in Austin on the charges.

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