DeLay must stand trial
2005-12-06 08:06
Austin - A judge in Texas on Monday ordered embattled Republican lawmaker Tom DeLay to stand trial on money laundering charges, but dismissed a conspiracy charge against him.
The ruling presents only a minor victory for DeLay, who had hoped to quash the case quickly so that he could reclaim his role as Republican majority leader in the House of Representatives when congress resumes in January.
DeLay, an ally of President George W Bush, was forced to resign that post after he was indicted in September for violating campaign finance laws by allegedly funneling $190 000 (about R1.2m) in corporate contributions through political action committees to seven Texas lawmakers.
Although DeLay's attorneys have asked for a speedy trial, Senior District Judge Pat Priest said he will not schedule any hearings until after a 15-day appeal period and does not anticipate setting a trial date before the end of the year.
The decision to quash the conspiracy charges came hours before Vice President Dick Cheney was scheduled to speak at a fundraiser for DeLay in Houston, a strong sign of support amid a growing political scandal surrounding the man known as "the Hammer."
DeLay has steadfastly denied the charges against him and has accused Travis County District Attorney Ronnie Earle, a Democrat, of pursuing a "partisan vendetta".
"The court's decision to dismiss a portion of Ronnie Earle's manufactured and flawed case against Mr DeLay underscores just how baseless and politically motivated the charges were," DeLay spokesperson Kevin Madden said in a statement on Monday.
Mr DeLay is very encouraged
"Mr DeLay is very encouraged by the swift progress of the legal proceedings and looks forward to his eventual and absolute exoneration based on the facts and the law."
A close reading of the ruling shows that the charge was dismissed on technical grounds.
Priest ruled that since the state legislature did not make conspiracy to violate the election code a chargeable offence until after the alleged actions occurred, DeLay and two co-defendants could not be charged with such a crime.
The judge dismissed the defence argument that DeLay could not be charged with money laundering because the statute did not include the use of checks. He also upheld a charge of conspiring to commit money laundering.
Now the state must prove DeLay and his associates sent corporate money to a political action committee in Washington, DC, intending for the organisation to convert it into legal funds for Texas candidates.
"The money would have become 'dirty money' at the point that it began to be held with the prohibited intent," Priest wrote. "Of course, if the state cannot establish that beyond a reasonable doubt, then the defendants will be entitled to be acquitted."
A long, drawn-out trial is likely to further damage the Republican Party, which has been smarting from a slew of scandals.
- AFP