September 28, 2005

DeLay Indicted

Tom DeLay along with two others have been indicted by a Texas grand jury with conspiracy in a campaign finance scheme.

More: Story here.

Time for DeLay to step down from his leadership position. Actually, he's required to now since House Republicans came to their senses and reinstituted a rule that forces leaders to step down from their posts if they are indicted. They had earlier repealed that rule after three of DeLay's associates were indicted last November.

Drudge is reporting that Speaker Hastert will recommend that Rep. David Dreier of California step into the Majority Leader's duties.

DeLay will still keep his Congressional seat, but I think it would probably be a good idea for him to step down from that as well.

Actually, all of this is good enough reason to me for him to step down...but that's just me.

More II: DeLay says he will step down temporarily as House Majority Leader. Well...actually, he has to (see above).

Comments:

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Hobbs accurately noted the historical problems with Travis County Dem Prosecutor Ronnie Earle. There's more to Travis County than that though. The name Bill Burkett may ring a bell. Travis County Democrats are where Dan Rather is from. His daughter is a member of their organization. They were responsible for the faked NG memo.

No reason to believe that today is different than any other.

Posted by: smantix at September 28, 2005 02:37 PM

"Hobbs accurately noted the historical problems with Travis County Dem Prosecutor Ronnie Earle."

Where?

Posted by: brittney at September 28, 2005 02:52 PM

That was regarding what you posted from Hobbs earlier today.

And here's the inimitable Captain Ed with a little Ronnie Earle history: (and if Blake will forgive me for the large cut and paste)
Travis County District Attorney Ronnie Earle, who denies partisan motives for his investigation of a political group founded by Republican leader Tom DeLay, was the featured speaker last week at a Democratic fund-raiser where he spoke directly about the congressman.
A newly formed Democratic political action committee, Texas Values in Action Coalition, hosted the May 12 event in Dallas to raise campaign money to take control of the state Legislature from the GOP, organizers said.

Earle, an elected Democrat, helped generate $102,000 for the organization.

In his remarks, Earle likened DeLay to a bully and spoke about political corruption and the investigation involving DeLay, the House majority leader from Sugar Land, according to a transcript supplied by Earle.

It seems like a breach of prosecutorial ethics for a district attorney to be discussing a potential witness or target in an investigation in public in any environment. It speaks to a pre-existing bias that should result in the disqualification of Earle and/or any indictment he files. However, using that rhetoric to raise money for a political party while investigations are ongoing not only strikes me as unethical but potentially actionable for Earle's status at the Bar.

In the ABA's Canon of Ethics, they make clear that attorneys should operate on behalf of their clients, "free of compromising influences and loyalties [EC 5-1]." As Earle represents the people of Travis County, his bald partisanship certainly creates the impression that his actions on their behalf intend to benefit the Democratic Party above the interests of Travis County residents. More to the point might be DR7-107 concerning trial publicity, which reads:

(A) A lawyer participating in or associated with the investigation of a criminal matter shall not make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that does more than state without elaboration:
(1) Information contained in a public record.

(2) That the investigation is in progress.

(3) The general scope of the investigation including a description of the offense and, if permitted by law, the identity of the victim.

(4) A request for assistance in apprehending a suspect or assistance in other matters and the information necessary thereto.

(5) A warning to the public of any dangers.

(B) A lawyer or law firm associated with the prosecution or defense of a criminal matter shall not, from the time of the filing of a complaint, information, or indictment, the issuance of an arrest warrant, or arrest until the commencement of the trial or disposition without trial, make or participate in making an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication and that relates to:

(1) The character, reputation, or prior criminal record (including arrests, indictments, or other charges of crime) of the accused.

(2) The possibility of a plea of guilty to the offense charged or to a lesser offense.

(3) The existence or contents of any confession, admission, or statement given by the accused or his refusal or failure to make a statement.

(4) The performance or results of any examinations or tests or the refusal or failure of the accused to submit to examinations or tests.

(5) The identity, testimony, or credibility of a prospective witness.

(6) Any opinion as to the guilt or innocence of the accused, the evidence, or the merits of the case.

Clearly, Earle has violated DR7-107(A) as well as (B)(1). He also has clearly violated EC8-8, which states that lawyers who serve as public officers "should not engage in activities in which his personal or professional interests are or foreseeably may be in conflict with his official duties." {End Capt. Ed}

I realize that Delay rubs a lot of people the wrong way but allowing some hack like Earle to score points is just putting blood in the water. What you can't gain through elections you can try to usurp through the judiciary.

Posted by: smantix at September 28, 2005 03:11 PM

Hobbs didn't really "note" anything. He only copied and pasted an email from DeLay's people.

Have you seen this, Smantix?

Posted by: brittney at September 28, 2005 03:40 PM

Have I seen what? If it's anything referring to David Brock's website I usually include some nomenclature about who he is.

Posted by: smantix at September 28, 2005 03:48 PM