DeLay's serious legal problem

September 30, 2005

The defense for Tom DeLay's TRMPAC (Texans for a Republican Majority Political Action Committee) relies heavily on the notion of "coincidence." Without it, everyone involved is in for a very rough trial.

DeLay set up his Texas operation, but couldn't use corporate contributions at the state level. It was in this context that DeLay's TRMPAC sent $190,000 to the RNC's State Elections Committee. Exactly two weeks later, the RNC's State Elections Committee sent exactly $190,000 to TRMPAC's favorite candidates back in Texas.

Obvious money laundering? It was, to hear DeLay & Co. tell it, just a coincidence. Unfortunately for TRMPAC, some are straying from the party line.

Prosecutors are expected to seize upon the testimony of one defense witness in the civil case, Charlie Spies, a former attorney for the Republican National Committee.

In one exchange during that trial, Spies was asked to add up a series of contributions that were made to TRMPAC and a series of contributions that the Republican National Committee made to legislative candidates in Texas. Both lists added up to $190,000.

"That was pure coincidence?" asked the lawyer for the Democrats, Cris Feldman.

"I don't think I'd use the word 'coincidence,' " Spies replied.

Spies, who could not be reached, acknowledged during his testimony that the donations from the Republican National Committee to the legislative candidates were unusually large. He said that happened when "people we care about" made the request — and DeLay, he testified, would qualify. (emphasis added)

And as if that weren't bad enough, DeLay can't seem to keep basic facts straight when it comes to the grand jury proceedings that led to his indictment.

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The day after U.S. Rep. Tom DeLay's grand jury indictment, his lawyer and the jury foreman on Thursday appeared to contradict the Texas politician's assertions that he was not given a chance to speak before the jury.

The foreman, William M. Gibson Jr., a retired state insurance investigator, said the Travis County grand jury waited until Wednesday, the final day of its term, to indict him because it was hoping he would accept jurors' invitation to testify.

DeLay said in interviews that the grand jury never asked him to testify.

In a Wednesday night appearance on MSNBC's Hardball with Chris Matthews, he said Travis County District Attorney Ronnie Earle never talked to him or asked him to testify.

"Never asking me to testify, never doing anything for two years," DeLay said in the interview. "And then, on the last day of his fourth or sixth grand jury, he indicts me. Why? Because his goal was to make me step down as majority leader."

On Thursday, DeLay said in another broadcast interview that he was under the impression that he wasn't going to be indicted because he hadn't been called to testify before the grand jury.

"I have not testified before the grand jury to present my side of the case, and they indicted me," said DeLay, according to the Associated Press.

This is just sad. DeLay was running all over town this week, using this as proof that Earle was running an improper investigation. And it was all a lie — even according to his own lawyer. One can't help but wonder what else he's been lying about.

And speaking of the grand jury, jury foreman William Gibson, a former sheriff's deputy who has publicly praised Tom DeLay, isn't fond of the criticism that Republicans have made against him and his colleagues.

The grand jury foreman also takes great exception to accusations that he and 11 other grand jury members followed the lead of Travis County District Attorney Ronnie Earle instead of following the evidence.

"It was not a rubber stamp deal. It was not an overnight deal. If we needed extra information, it was provided to us," Gibson said. […]

Gibson thinks there is enough evidence to convict Delay. "We would not have handed down an indictment. We would have no-billed the man, if we didn't feel there was sufficient evidence," said Gibson.

DeLay better have an awfully good legal team. With all the high-profile Republicans under criminal investigation (DeLay, Frist, Rove, Libby, Cunningham, Safavian), is there a concern that DC might run out of conservative criminal defense attorneys?