by John M. Curtis
(310) 204-8700

Copyright September 29, 2005
All Rights Reserved.

alling Texas prosecutor Ronnie Earle as “partisan fanatic,” House Majority Leader and GOP enforcer Tom Delay (R-Texas) dismissed his indictment for conspiracy to violate Texas political laws. Forced to step aside, DeLay, becomes the highest-ranked elected official to ever face criminal prosecution. “This is one of the weakest, most baseless indictments in American history. It's a sham,” said DeLay, forced to relinquish the second most powerful job in the House. While DeLay has stubbornly denied any wrongdoing, it was just a matter of time before Earle and the grand jury finally got the House majority leader. DeLay watched his colleagues John Colyandro, former head of DeLay's political action committee, and Jim Ellis, former director of DeLay's national political committee, get indicted for diverting corporate donations from Delay's PAC to the Republican National Committee.

      Texas state laws expressly forbid corporate donations from going to candidates for local, state or federal offices. Democrats long complained that DeLay was stacking the deck for GOP candidates, funneling unfair amounts of money into campaigns. DeLay allegedly helped the GOP win control of the Texas House in 2002, the first time since Reconstruction, though the Southwest and the Deep South have trended to the GOP in recent years. DeLay accused Austin Democratic prosecutor Earle of playing partisan politics. “Our job is to prosecute abuses of power and bring those abuses to the public,” said Earl, rejecting DeLay's charge of a partisan witch-hunt, noting he's prosecuted Democrats in the past. Since DeLay was not directly involved in making payments, he was indicted on a single felony count of conspiring with political associates, serious enough to force him out.

      Earle's indictment also mentions another national GOP figure, President George W. Bush's campaign political director Terry Nelson, though Nelson was not charged. Earle alleged that Nelson received money—together with Texas lawmakers—from Texas corporations while he worked for the Republican National Committee. Earle's indictment charges that DeLay and others conspired “to violate the Texas Election Code by contributing corporate money to certain candidates for the Texas Legislature." “Let me be very, very clear. I have done nothing wrong. I have violated no law, no regulation, no rule of the House. I have done nothing unlawful, unethical or, I might add, unprecedented,” said DeLay, believing, it seems, that there's nothing wrong with diverting corporate funds to the RNC. Blaming his indictment on a “partisan zealot” doesn't undo his culpability.

      Once indicted, House rules require members to relinquish leadership positions. House Whip Roy Blunt (R-Mo.), the party's No. 3 post, a close DeLay ally, temporarily assumed the majority leader's position. DeLay's indictment sent political tremors through the GOP, concerned that mounting scandals would impact next year's midterm elections. “Anytime you have anything that even smacks of scandal, I think it hurts all of us,” said Rep. Joel Hefey (R-Colo.), attesting to the need for damage control, especially DeLay's categorical denials. Raising “left-wing” conspiracies fires up the base, making DeLay a victim of a partisan monkey-business. Yet Earle's indictment is quite specific naming Texans for a Republican Majority [TRMPAC], DeLay's fundraising operation, accepting $190,000 in contributions from several corporations, including Sears Roebuck & Co. and Bacardi USA Inc.

      DeLay faces a maximum of two years in prison and a $10,000 fine for his role in the conspiracy to violate Texas political laws. Calling Earle a “rogue district attorney,” DeLay expressed his fury over the DA's past denials that the 10-term Sugarland, Texas congressman faced indictment. DeLay didn't attack the Austin grand jury for making the indictment. “Ronnie Earle didn't indict him. The grand jury indicted him,” grand jury foreman William Gibson told the Associated Press,” puzzled by DeLay's partisan assault on Earle. Democrats pounced on DeLay's indictment, citing the GOP's recent history of corruption. DeLay's indictment “is the latest example that Republicans in Congress are plagued by a culture of corruption at the expense of the American People,” said House Minority Leader Nancy Pelosi (D-Calif.), forgetting about Rep. James Traficant's (D-N.J.) 2001 conviction for racketeering and accepting bribes.

      DeLay's problems won't sink the GOP heading into the midyear elections. Democrats will have to offer more than gleeful denunciations. Campaign financing violations are generally believed equally divided between the major parties. President Bush made good hay against Vice President Al Gore pointing out a possible fundraising scandal at a Southern California Buddhist Temple. If DeLay's PAC indeed accepted $155,000 in donations from Sears Roebuck and Bacardi and then wrote a $190,000 check to the RNC naming Texas GOP candidates with specific dollar amounts, DeLay faces an uphill battle. No matter how his trial turns out, he's political toast for the foreseeable future. DeLay hopes his attorney Dick DeGuerin can place him far enough away from his PAC to disown culpability. With DeLay out, the White House looks for its next enforcer on Capitol Hill.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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