Tom DeLay's Conviction Overturned

By Jeralyn, Section Corruption Cases
Posted on Thu Sep 19, 2013 at 11:47:23 AM EST
Tags: Tom DeLay (all tags)

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The Texas 3rd Court of Appeals has reversed the conviction of Former Congressman Tom DeLay for money laundering and conspiracy, finding the evidence insufficient to convict him. The reversal is an acquittal which means he cannot be retried. Nor will he have to serve his three year prison sentence.

An overview of his case from 2010 is here. Here's a Today Show video where he and his excellent trial lawyer, Dick DeGuerin, discuss the case.

Dick DeGuerin always predicted DeLay would never spend a night in jail. [More...]

According to DeGuerin in 2010:

Mr. DeGuerin said Mr. DeLay would try to convince an appeals court the money-laundering statute should never had been applied to the money swap — because the original donations were legal and also because the donations to the state candidates came out of a different account than the one in which the corporate donations were deposited. “It will never stand,” Mr. DeGuerin said.

All of our coverage of his case is accessible here.

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Tom DeLay's Conviction Overturned | 71 comments (71 topical)

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A correct decision, showing once again (5.00 / 3) (#1)
by Peter G on Thu Sep 19, 2013 at 12:08:45 PM EST

that the Constitution and all the rights of the accused apply fully to all, including the most despicable and utterly undeserving.

lol; that's quite a Rogues Gallery in the pic (5.00 / 1) (#3)
by Mr Natural on Thu Sep 19, 2013 at 12:56:33 PM EST

Not Really (5.00 / 3) (#4)
by ScottW714 on Thu Sep 19, 2013 at 01:11:23 PM EST

To get that level of Constitutional protection you will need a wad of cash most people could only dream of.

For most of us who can't afford a DeGuerin level attorney, we get, more or less, whatever rights our local criminal/judicial systems feels like tossing us.

Delay should be in prison for many things, but not this ticky-tack campaign fiance laws stuff that most people don't understand and that aren't consistent from one area to the next.

Did anyone actually predict Delay going to jail ?

How long before Delay is running in a national campaign ? 2018 is my prediction, right after he gets back in good with Corporate America lobbyists, and gets camera time bashing D's for Fox in 2016.


How long before Delay is running? (none / 0) (#8)
by msaroff on Thu Sep 19, 2013 at 02:43:00 PM EST

How long before Delay is running in a national campaign ? 2018 is my prediction, right after he gets back in good with Corporate America lobbyists, and gets camera time bashing D's for Fox in 2016.

I just had an idea so cunning that if you put a tail on it, you could call it a weasel.

Regardless of his guilt or innocence, it is clear that Tom Delay holds the distinction of being a repulsive little F%%$.

People hate him.

Even Bill Clinton, could not come up with something nice about him in an interview toward the end of his presidency.

So, how about we create a phony Teabagger group to draft Tom Delay for the Republican 2016 Presidential nomination.

I bet that Karl Rove would have a cow.


Scott, if I remember correctly (none / 0) (#10)
by jimakaPPJ on Thu Sep 19, 2013 at 04:46:09 PM EST

the DA tried 6 different times to indict Delay in a legal system that many defense attorneys say that a DA can indict a baloney sandwich.

Does that tell you anything about the particulars of the case??


Not really (5.00 / 2) (#11)
by sj on Thu Sep 19, 2013 at 05:00:00 PM EST

But instead of remembering how about providing a link?


: Halfway there (none / 0) (#24)
by Yman on Fri Sep 20, 2013 at 08:26:31 AM EST

Jim was claiming 6 attempts to indict DeLay. Your article indicates three:

The grand jury was one of three that considered whether there was probable cause to indict DeLay. Two other grand juries did indict the former House majority leader.

It Tells Me You Watch Too Much Fox News... (5.00 / 2) (#33)
by ScottW714 on Fri Sep 20, 2013 at 12:31:31 PM EST

...because it would be the only media source of "Many defense attorneys say that a DA can indict a baloney sandwich."

Jim, I clearly stated:

IOW, you agree with me, but I suspect your motives have more to do with politics than my dislike of nonsensical campaign laws like they tried to convict Delay and Edwards of.

I think making laws for how politicians handle bribes and payoffs, is missing the mark by miles.

"You can take the $500,000 from sources that may or may not be anonymous to help you keep or land a job, so long as you fill out 10,000 forms and keep meticulous and often confusing records.
We will will focus on how it's spent, and turn a blind eye to the most aspect of these transactions. Why in the hell is it legal to give ridiculously large sums of money to help people get government jobs ? And why only the legislative and executive areas of the government if there is no quid pro quo ?"

IMO campaign finance laws exist to mask and legitimize the real crime, legalized payoffs/bribes/kickbacks or what they sine up with the term 'donation'.


Speaking of baloney (5.00 / 3) (#34)
by Peter G on Fri Sep 20, 2013 at 01:20:15 PM EST

I hang around with a lot of defense attorneys, and I have never heard anyone say that any competent DA can readily get the grand jury to indict a baloney sandwich. What we say -- quoting former NY State chief judge (and later, convicted felon) Sol Wachtler -- is that the DA can generally get any grand jury to indict a ham sandwich.


Thank you for clearing that up, Peter; (5.00 / 3) (#35)
by Anne on Fri Sep 20, 2013 at 01:42:37 PM EST

I was going to say something, but I thought it would be better coming from someone who is a member of the bar...

[But I do think baloney can be involved]

:-)


It's the truth... (5.00 / 2) (#39)
by kdog on Fri Sep 20, 2013 at 03:37:17 PM EST

if my grand jury service experience is any indication....I tried like hell but was only able to talk my fellow grand jurors into no true billing one measley charge the entire month...and that one no true bill led to a talking down of the grand jury from the DA, like he could not believe such a thing could ever happen.


: Very true Peter (5.00 / 1) (#51)
by Jeralyn on Sat Sep 21, 2013 at 04:59:54 AM EST

I remember saying about Angela Corey that the reason she didn't go to the grand jury was because she only had half a hand sandwich and forgot the mustard.

Agreed, and I can think of no one who's ... (5.00 / 1) (#6)
by Donald from Hawaii on Thu Sep 19, 2013 at 02:02:54 PM EST

... more despicable and undeserving than former House Majority Leader Tom DeLay. Yes, (cough!) justice was served here, but I'd also note that at least this case served one useful purpose, which was to drive a foul political bird from public office.

Dick Cheney excepted, this man has to be the most thoroughly repulsive character in Washington, D.C. As a matter of fact, I'll be in Saipan in three weeks, because I'm contracted with a social service organization that's presently dealing with the messy aftermath of this cur's political handiwork in the Northern Marianas. Tom DeLay did a real number on those poor people.

(See Abramoff, Jack and Saipan prostitution / sweatshops).

Aloha.


Speaking of "repulsive," isn't it (5.00 / 4) (#7)
by Anne on Thu Sep 19, 2013 at 02:27:40 PM EST

fitting to see Joe Lieberman's face in that picture?

'bout made me lose my lunch.


: Birds of a feather ... (5.00 / 3) (#13)
by Donald from Hawaii on Thu Sep 19, 2013 at 06:44:08 PM EST

... will feather their own nests together.
DeLay and Lieberman are poster children for what's wrong inside the Beltway. And in my opinion, the forced labor scheme that DeLay and Abramoff hatched up for the garment industry on the island of Saipan probably set back the Commonwealth of the Northern Mariana Islands for a generation, economically.
While the tourism industry has experienced substantive growth, particularly in the Japanese market, unemployment in the CNMI remains very high, and the islands have experienced a substantial net loss of population over the last six years due to emigration of residents looking for work.
If I had my way, I'd chain Tom DeLay to a table and have him run a sewing machine for 12-hour shifts six days a week, just so he can experience for himself the misery which he helped to inflict on those poor Chinese immigrant women, lured to Saipan under false pretenses to a harsh life of indenture servitude.
Aloha.

The Travis County district attorney's office, (5.00 / 1) (#5)
by Angel on Thu Sep 19, 2013 at 01:33:44 PM EST

which prosecuted the case against DeLay, issued a statement, saying it would seek a rehearing.

"We strongly disagree with the opinion of Judges Goodwin and Gaultney that the evidence was insufficient. We are concerned and disappointed that two judges substituted their assessment of the facts for that of 12 jurors who personally heard the testimony of over 40 witnesses over the course of several weeks and found that the evidence was sufficient and proved DeLay's guilt beyond a reasonable doubt. We are preparing a response to this opinion and will ask the full Texas Court of Criminal Appeals to review the ruling."

I do not expect the Travis County DA's office will prevail.

Blue Counties in Texas (5.00 / 2) (#27)
by MKS on Fri Sep 20, 2013 at 08:47:04 AM EST

are wonderful places....


Full of bitter Democrats... (1.00 / 5) (#28)
by kramartini on Fri Sep 20, 2013 at 09:36:01 AM EST

willing to abuse the criminal law to regain power...


OTOH, maybe it's just that ... (5.00 / 2) (#29)
by Yman on Fri Sep 20, 2013 at 10:23:28 AM EST

... the red counties in Texas are full of angry Republicans ready to ignore the law in order to hold onto power.

But at least you've exposed the perspective through which you've drawn your conclusions.


I live in Austin (none / 0) (#42)
by kramartini on Fri Sep 20, 2013 at 07:39:47 PM EST

And have often heard expressed glee that Tom DeLay's political career was destroyed, regardless of his actual guilt...


How is it activist to correct an error of law? (none / 0) (#44)
by kramartini on Fri Sep 20, 2013 at 07:47:05 PM EST

The alleged facts, even if all true, did not amount to a crime.

Justice Goodwin was on the money in her analysis. (She did a better job of pointing out the flaw in the prosecution case than did DeLay's lawyer.)

And, having personally attended oral arguments, Chief Justice Jones's dissent was predictable given the amount of time he spent at the hearing grasping to find something illegal. The best he could come up with is that the jury might have found that the corporate donors tried to make illegal contributions, but were thwarted when TRMPAC used the funds for legal purposes, and that this failed attempt to make an illegal contribution made the contributions the proceeds of criminal activity. Incredibly lame...


: I heard your OPINION before (none / 0) (#49)
by Yman on Fri Sep 20, 2013 at 10:27:39 PM EST

Wasn't impressed the first time ...
... but at least now we're clear on the lens through which you choose to view the world.

To regain power :) (5.00 / 1) (#30)
by Militarytracy on Fri Sep 20, 2013 at 10:24:28 AM EST

Filthy activist courts :)

I'm not bitter so much as its hard for me to care.


Really? Do you live in Travis County? (none / 0) (#31)
by Angel on Fri Sep 20, 2013 at 11:15:35 AM EST

I love living in Austin and (none / 0) (#43)
by kramartini on Fri Sep 20, 2013 at 07:40:31 PM EST

I often hear first-hand people who are delighted that Tom DeLay was railroaded on bogus charges.

They hate him for ending the careers of so many Democrats by means of his mid-decade redistricting ploy and want to see him destroyed by any means necessary.


I've lived here for over 35 years, am active in (5.00 / 3) (#48)
by Angel on Fri Sep 20, 2013 at 09:00:16 PM EST

the community, and I've yet to hear anyone say they were "delighted that Tom DeLay was railroaded on bogus charges."

In fact, most people I know and have discussed this case with (and that includes many, many Republicans) believe he was charged for legitimate reasons.

Whether or not he is guilty of this particular crime is up to the courts, as we're seeing now. However, the end result does not change the fact that he is a despicable and evil person and represents the worst of what is wrong with politics today. I put him in the same group as Lee Atwater and Karl Rove.


The Bug Man (5.00 / 1) (#50)
by MKS on Fri Sep 20, 2013 at 10:38:01 PM EST

Cockroach killer.....


But the people you refer to (none / 0) (#55)
by kramartini on Sat Sep 21, 2013 at 09:51:33 AM EST

likely didn't put much effort into determining whether or not he was properly charged or convicted. They hated him and he seemed slimy and that was enough.

I guess I should revise my comment to say that people were delighted to see DeLay convicted and were happy to remain blissfully ignorant of whether or not the charges made any sense. Even though he was not guilty as charged, his political career is over, and lots of people are happy about that, regardless of the underhanded methods used to destroy him.

One look at the jury charge, and then at the relevant statute, shows that there was clear error in that it induced a jury to convict based on facts that do not constitute a crime.

Of course, I do have an advantage, being an attorney who from time to time defends criminal cases in Travis County, and am accustomed to determining whether the prosecutor has a real case or is just blowing smoke, hoping for a conviction of a "bad person" even though the evidence does not exist for a particular case. (And there is a lot of the latter, even in Blue counties...) So maybe I am being too harsh on the laymen...


Oh, get off your high horse. (5.00 / 2) (#56)
by Angel on Sat Sep 21, 2013 at 10:16:59 AM EST

You have no idea of the thought processes that others went through to come to a conclusion of his guilt. I can assure you than neither I nor my friends and acquaintances who discussed this topic were "blissfully ignorant of whether or not the charges made any sense." I think you have an extremely high opinion of yourself and an extremely low opinion of "laymen." Good grief.


: Then what were the facts that you (none / 0) (#61)
by kramartini on Sat Sep 21, 2013 at 12:57:20 PM EST

and your friends concluded added up to "money laundering" as that is defined by Texas statute?
Do you even have a coherent argument?

I wouldn't be so sure (none / 0) (#57)
by shoephone on Sat Sep 21, 2013 at 11:51:15 AM EST

that Delay's political career is over. He may not run for elected office again, but that won't likely keep him from running a campaign, running a PAC, becoming a consultant, or becoming a pundit for FOX.

The exterminator's political career has yet to be exterminated.


: I think you are right (none / 0) (#59)
by kramartini on Sat Sep 21, 2013 at 12:41:26 PM EST

about his future.
He will no doubt be cashing in on his martyr statutes--plus he has big bills to pay.
But he will never hold elected office again...

The fact that you're an attorney ... (none / 0) (#58)
by Yman on Sat Sep 21, 2013 at 12:36:40 PM EST

... really doesn't hold much sway around here ... lots of us are attorneys.

The relevant part of your background is your political bias through which you form your opinion. Everything else is merely rationalization.


Then, as an attorney, (none / 0) (#60)
by kramartini on Sat Sep 21, 2013 at 12:48:46 PM EST

you should have taken the time to compare the jury charge with the statute and realized that the State had no valid case.

It is not political bias to note that the Democrats are very mad at DeLay about the mid-decade redistricting.

This is observation, not opinion, not bias.

(Does it make me a partisan Democrat to observe that so-called "birthers", who seem to believe that Obama was born in Kenya, are so wild-eyed with hatred to recognize that, even if he were born in Kenya, his mother was still an American citizen, and so the point is moot?)

Democrats in Texas, and Travis County especially, are in a collectively foul mood, and those of us who are not Democrats would be wise to keep our heads down...


I did (5.00 / 2) (#62)
by Yman on Sat Sep 21, 2013 at 01:28:33 PM EST

... and, like the trial judge and the (only non-Republican) dissenting Justice, I reached a different conclusion than you.

It is not political bias to note that the Democrats are very mad at DeLay about the mid-decade redistricting.
This is observation, not opinion, not bias.

Of course many of them are mad at DeLay - and they should be. Of course that's not where you draw the lines on your comments. You go much further than that to proclaim that:

Blue counties in Texas are Full of bitter Democrats willing to abuse the criminal law to regain power...

... as well as your defense of the utterly baseless claim that:

What's odd is that nobody is complaining about the clearly partisan action of the judge that was a Democrat, voting for party ahead of the law.

See if you can tell the difference.

BTW - You also suggested that the Democratic justice voted against DeLay for political reasons, simply because he is from a Democratic county. Yet you said nothing about the two Justices voting in favor of DeLay, both of whom are Republicans from Republican counties.

Funny how that works.


: You make a fair point about the (none / 0) (#63)
by kramartini on Sat Sep 21, 2013 at 02:14:01 PM EST

"regain power" bit. Strike and insert "punish a hated political enemy."
As far as elections go, I was referring to the primaries, not the general elections. And the affinity of Republican voters in the Austin area for Tom DeLay is much, much less that the bitter hatred that Democrats here feel for him. (See former Justice Henson, another very well-respected attorney, who, during her 2006 campaign, gleefully rejoiced at the prospect of judging DeLay.) As far as the general election, Justice Goodwin may have committed political suicide with her opinion.
But Chief Justice