Partisan Bias Equals Ethical Shenanigans
As I pointed out yesterday, Tom DeLay has been indicted in Texas on an all-encompassing, non-specific charge of criminal conspiracy. The WaPo today also deals with this issue. (Hat-tip: Captain's Quarters.)
http://www.captainsquartersblog.com/mt/archives/005531.php
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/28/AR2005092802091.html?nav=rss_opinion
Nonetheless, at least on the evidence presented so far, the indictment of Mr. DeLay by a state prosecutor in Texas gives us pause. The charge concerns the activities of Texans for a Republican Majority (TRMPAC), a political action committee created by Mr. DeLay and his aides to orchestrate the GOP's takeover of the Texas legislature in 2002. The issue is whether Mr. DeLay and his political aides illegally used the group to evade the state's ban on corporate contributions to candidates. The indictment alleges that TRMPAC took $155,000 in corporate contributions and then sent a check for $190,000 to the national Republican Party's "soft money" arm. The national committee then wrote $190,000 in checks from its noncorporate accounts to seven Texas candidates. Perhaps most damning, TRMPAC dictated the precise amount and recipients of those donations.
This was an obvious end run around the corporate contribution rule. The more difficult question is whether it was an illegal end run -- or, to be more precise, one so blatantly illegal that it amounts to a criminal felony rather than a civil violation. For Mr. DeLay to be convicted, prosecutors will have to show not only that he took part in the dodge but also that he knew it amounted to a violation of state law -- rather than the kind of clever money-trade that election lawyers engineer all the time.
What is even better, and hits back at Ronnie Earle, the DA who brought the indictment to begin with. Is what the WaPo admits. That is that the Democrats played the same game in that election cycle, as well.
The only problem is that similar transactions are conducted by both parties in many states, including Texas. In fact, on October 31, 2002, the Texas Democratic Party sent the Democratic National Committee (DNC) $75,000, and on the same day, the DNC sent the Texas Democratic Party $75,000. On July 19, 2001, the Texas Democratic Party sent the DNC $50,000 and, again on the same day, the DNC sent the Texas Democratic Party $60,000. On June 8, 2001, the Texas Democratic Party sent the DNC $50,000. That very same day, the DNC sent the Texas Democratic Party $60,000.
So, if the Democrats were doing it too, and Ronnie Earle is as outraged as he claims to be, then why isn’t he going after the Democrat Party, as well? Simply put, this is a partisan witch-hunt. Ronnie Earle has been a Democrat Party hack for many years, including going after an in-state rival on bribery charges. He went after Kay Bailey Hutchinson, as well, for battery and a number of other trumped up charges. The charges were later dropped by Earle himself.
But Earle has his own problems that, quite frankly, I am surprised he is still able to practice law, or is not sitting in jail. He has violated the Canon of Ethics in the way he has conducted himself. He has filed charges against corporations, then told them he would drop the charges if they contribute to his little political groups. That, ladies and gentlemen, amounts to extortion, which IS a felony the last time I checked.
Lawyers often serve as legislators or as holders of other public offices. This is highly desirable, as lawyers are uniquely qualified to make significant contributions to the improvement of the legal system. A lawyer who is a public officer, whether full or part-time, should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties.
Again, the above comes from EC-8-8 of the Canon of Legal Ethics. They say that Tom DeLay’s nickname is "The Hammer." I beg to differ. One only need to look at the actions of Ronnie Earle to see what a hammer is like, or is it more like a moronic bull in a china shop? The only thing the Left can hang it’s proverbial hat on is that DeLay is not in their way in the House right now. No, they have to contend with David Dreier, who may not be Tom DeLay, but he is still a thorn in their side.
If Tom DeLay did break the law, then he should face the music. If he did engage in money-laundering, which is what Earle is alleging in his indictment, though that charge is not mentioned explicitly, then he should be drummed out of the House. Screw losing the leadership position. However, thus far, none of that is evident, and even further, the opposition party in similar tactics. Needless to say, I am skeptical over the charges. Especially those made by an active operative of the Democrat Party.
It is almost a guarantee that the Democrats will have a field day with this. The fur is already flying in Congress as Democrats have taken careful aim at DeLay. Perception is reality, and the Democrats are doing a good job of painting over the reality of the situation. The charge "money laundering" has been thrown out a number of times, and that charge is nowhere within the indictment. And the media is fanning the flames.
And Mark Levin weighed in on this. Levin, as people know, is a conservative radio host out of New York. He is also a superb lawyer with a keen mind for the Constitution. (Quote courtesy of Michelle Malkin.)
http://michellemalkin.com/archives/003628.htm
Here's my first take on this indictment (I've only read the indictment and nothing more for now): The indictment is three pages in length. Other than a statement that "one or more" of 3 individuals, including Tom DeLay, entered into an illegal conspiracy, I can't find a single sentence tying Tom DeLay to a crime. That is, there's not a single sentence tying DeLay to the contribution. The indictment describes the alleged conduct of two other individuals, but nothing about DeLay. You would think if Ronnie Earle had even a thin reed of testimony linking DeLay to the contribution, it would have been noted in the indictment to justify the grand jury's action. Moreover, not only is there no information about DeLay committing acts in furtherance of a conspiracy, there's no information about DeLay entering into a conspiracy. I honestly believe that unless there's more, this is an egregious abuse of prosecutorial power. It's a disgrace. I understand that not everything has to be contained in an indictment, but how about something!
I stand by my contention yesterday that this will be over soon. DeLay will have the charges dropped on him shortly, and he will be back in the House. Whether he retains his leadership position upon his return is a subject to be dealt with by the GOP in the House. But for sure, the Democrats are going to rack up as much damage as they can to DeLay and the GOP.
The Bunny ;)
As I pointed out yesterday, Tom DeLay has been indicted in Texas on an all-encompassing, non-specific charge of criminal conspiracy. The WaPo today also deals with this issue. (Hat-tip: Captain's Quarters.)
http://www.captainsquartersblog.com/mt/archives/005531.php
http://www.washingtonpost.com/wp-dyn/content/article/2005/09/28/AR2005092802091.html?nav=rss_opinion
Nonetheless, at least on the evidence presented so far, the indictment of Mr. DeLay by a state prosecutor in Texas gives us pause. The charge concerns the activities of Texans for a Republican Majority (TRMPAC), a political action committee created by Mr. DeLay and his aides to orchestrate the GOP's takeover of the Texas legislature in 2002. The issue is whether Mr. DeLay and his political aides illegally used the group to evade the state's ban on corporate contributions to candidates. The indictment alleges that TRMPAC took $155,000 in corporate contributions and then sent a check for $190,000 to the national Republican Party's "soft money" arm. The national committee then wrote $190,000 in checks from its noncorporate accounts to seven Texas candidates. Perhaps most damning, TRMPAC dictated the precise amount and recipients of those donations.
This was an obvious end run around the corporate contribution rule. The more difficult question is whether it was an illegal end run -- or, to be more precise, one so blatantly illegal that it amounts to a criminal felony rather than a civil violation. For Mr. DeLay to be convicted, prosecutors will have to show not only that he took part in the dodge but also that he knew it amounted to a violation of state law -- rather than the kind of clever money-trade that election lawyers engineer all the time.
What is even better, and hits back at Ronnie Earle, the DA who brought the indictment to begin with. Is what the WaPo admits. That is that the Democrats played the same game in that election cycle, as well.
The only problem is that similar transactions are conducted by both parties in many states, including Texas. In fact, on October 31, 2002, the Texas Democratic Party sent the Democratic National Committee (DNC) $75,000, and on the same day, the DNC sent the Texas Democratic Party $75,000. On July 19, 2001, the Texas Democratic Party sent the DNC $50,000 and, again on the same day, the DNC sent the Texas Democratic Party $60,000. On June 8, 2001, the Texas Democratic Party sent the DNC $50,000. That very same day, the DNC sent the Texas Democratic Party $60,000.
So, if the Democrats were doing it too, and Ronnie Earle is as outraged as he claims to be, then why isn’t he going after the Democrat Party, as well? Simply put, this is a partisan witch-hunt. Ronnie Earle has been a Democrat Party hack for many years, including going after an in-state rival on bribery charges. He went after Kay Bailey Hutchinson, as well, for battery and a number of other trumped up charges. The charges were later dropped by Earle himself.
But Earle has his own problems that, quite frankly, I am surprised he is still able to practice law, or is not sitting in jail. He has violated the Canon of Ethics in the way he has conducted himself. He has filed charges against corporations, then told them he would drop the charges if they contribute to his little political groups. That, ladies and gentlemen, amounts to extortion, which IS a felony the last time I checked.
Lawyers often serve as legislators or as holders of other public offices. This is highly desirable, as lawyers are uniquely qualified to make significant contributions to the improvement of the legal system. A lawyer who is a public officer, whether full or part-time, should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties.
Again, the above comes from EC-8-8 of the Canon of Legal Ethics. They say that Tom DeLay’s nickname is "The Hammer." I beg to differ. One only need to look at the actions of Ronnie Earle to see what a hammer is like, or is it more like a moronic bull in a china shop? The only thing the Left can hang it’s proverbial hat on is that DeLay is not in their way in the House right now. No, they have to contend with David Dreier, who may not be Tom DeLay, but he is still a thorn in their side.
If Tom DeLay did break the law, then he should face the music. If he did engage in money-laundering, which is what Earle is alleging in his indictment, though that charge is not mentioned explicitly, then he should be drummed out of the House. Screw losing the leadership position. However, thus far, none of that is evident, and even further, the opposition party in similar tactics. Needless to say, I am skeptical over the charges. Especially those made by an active operative of the Democrat Party.
It is almost a guarantee that the Democrats will have a field day with this. The fur is already flying in Congress as Democrats have taken careful aim at DeLay. Perception is reality, and the Democrats are doing a good job of painting over the reality of the situation. The charge "money laundering" has been thrown out a number of times, and that charge is nowhere within the indictment. And the media is fanning the flames.
And Mark Levin weighed in on this. Levin, as people know, is a conservative radio host out of New York. He is also a superb lawyer with a keen mind for the Constitution. (Quote courtesy of Michelle Malkin.)
http://michellemalkin.com/archives/003628.htm
Here's my first take on this indictment (I've only read the indictment and nothing more for now): The indictment is three pages in length. Other than a statement that "one or more" of 3 individuals, including Tom DeLay, entered into an illegal conspiracy, I can't find a single sentence tying Tom DeLay to a crime. That is, there's not a single sentence tying DeLay to the contribution. The indictment describes the alleged conduct of two other individuals, but nothing about DeLay. You would think if Ronnie Earle had even a thin reed of testimony linking DeLay to the contribution, it would have been noted in the indictment to justify the grand jury's action. Moreover, not only is there no information about DeLay committing acts in furtherance of a conspiracy, there's no information about DeLay entering into a conspiracy. I honestly believe that unless there's more, this is an egregious abuse of prosecutorial power. It's a disgrace. I understand that not everything has to be contained in an indictment, but how about something!
I stand by my contention yesterday that this will be over soon. DeLay will have the charges dropped on him shortly, and he will be back in the House. Whether he retains his leadership position upon his return is a subject to be dealt with by the GOP in the House. But for sure, the Democrats are going to rack up as much damage as they can to DeLay and the GOP.
The Bunny ;)
posted by Syd And Vaughn | 3:03 PM
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