DeLay indicted on two new charges

Tuesday, October 4, 2005 - 12:00 AM


By R. Jeffrey Smith
The Washington Post

WASHINGTON — A Texas grand jury indicted Rep. Tom DeLay, R-Texas, yesterday on charges of money laundering, raising new and more serious allegations than the conspiracy charge lodged against the former House majority leader last week.

The surprising new indictments followed by a matter of hours a motion by DeLay's legal-defense team to quash last week's charge on grounds that the Texas prosecutor in charge of the case lacked authority to bring it. The lawyers alleged that the crime of conspiracy was not covered by the state election law at the time of the alleged violation.

Later yesterday, a different grand jury — which had no prior involvement in the case — brought the new charges, which roughly match allegations made against two of DeLay's political associates one year ago.

DeLay, who had earlier accused prosecutor Ronnie Earle of partisan zealotry, promptly issued a statement accusing him of stooping "to a new low with his brand of prosecutorial abuse." DeLay said Earle "is trying to pull the legal equivalent of a 'do-over' since he knows very well that the charges he brought against me last week are totally manufactured and illegitimate. This is an abomination of justice."

One count of the new indictment accuses DeLay of conspiracy to commit money laundering. It says he agreed to launder $190,000 in corporate contributions through an arm of the Republican National Committee in Washington, allowing the money to be passed illegally into the election campaigns of Republican candidates in Texas. Texas law prohibits the use of corporate money in political campaigns.

The aim of the assistance was to ensure that Republicans could gain control of the Texas House, and thus reorder the state's congressional districts in a manner that would favor the election of Republicans. The stratagem worked: Five more Republicans were elected to the U.S. House from the state last year.

The other new count alleges that DeLay "did knowingly, conduct, supervise and facilitate" the transfer of the $190,000 to Washington and back to Texas in violation of the state's money-laundering statutes. Last week's conspiracy charge, in contrast, involved the state's election law, and it was that linkage that DeLay's attorneys challenged.

Earle, who spoke to reporters after last week's action, did not explain his decision to present his case to a new grand jury on the first day it met. DeLay spokesman Kevin Madden said that Earle's action came because he "panicked" after realizing his error in bringing last week's charges.

But a source close to the investigation, who requested anonymity, noted that Earle told reporters last week his investigation was continuing, and asserted that Earle had intended to bring these charges even before the challenge raised by DeLay's lawyers.

Whatever the reason, the potential consequences for DeLay are more dire. Both money-laundering crimes are more serious felonies, and the maximum punishment is life in jail. DeLay has been forced to relinquish his post as majority leader, and the new indictments stand in the way of any quick reinstatement based on any legal flaws in last week's indictment.

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