436:, stated that charges of criminal conspiracy could legally be applied to any felony (including violation of election law) committed prior to the 2003 law. He characterized the 2003 change cited by DeLay's lawyers as a clarification of existing law, saying, "It isn't unheard of — the Legislature passing a law to make clear what the law is." As the Texas Penal Code defines laundered money only as money gained as the "proceeds of criminal activity", DeLay's lawyers maintained that misuse of corporate donations, even if it occurred, could not constitute money laundering.
183:, Republicans sought to redraw the district lines to support a Republican majority in the congressional delegation while Democrats desired to retain a plan similar to the existing lines. The two parties reached an impasse in the Texas Legislature, where Republicans controlled the Senate and Democrats controlled the House. As a result the new district lines were drawn by a three judge federal court panel that made as few changes as possible while adding the two new seats.
266:, largely due to the new redistricting. On October 6, 2004, the House Ethics Committee unanimously admonished DeLay on two counts. The first count stated that DeLay "created the appearance that donors were being provided with special access to Representative DeLay regarding the then-pending energy legislation." The second count alleged DeLay had "used federal resources in a political issue" by asking the
146:
counts. In
September 2013, a Texas appeals court, composed of two Republicans and a dissenting Democrat, overturned DeLay's conviction. In the opinion of the court, the state's evidence was legally insufficient to sustain DeLay's convictions so the court reversed the judgments of the trial court and rendered judgments of acquittal. The current DA's office said it would appeal the decision to the
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The FEC also found that ARMPAC had misstated the balances of its receipts and ending cash-on-hand for 2001, and of its receipts, disbursements, and beginning and ending cash-on-hand for 2002. ARMPAC corrected the omission of the debts in amended reports, and is reviewing the portion of the audit dealing with incorrect payment for expenses.
19:
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that grand-jury indictment unless I felt we had ample probable cause." Gibson, however, later reportedly told KLBJ Radio in an interview that his decision to indict DeLay was based on news stories that the Texas
Association of Business mailings against candidate James Spencer, a personal friend of Gibson, were coordinated with TRMPAC.
599:, Judge Priest sentenced DeLay to three years in prison on the charge of conspiring to launder corporate money into political donations. On the charge of money laundering, DeLay was sentenced to five years in prison, which was probated for 10 years, meaning DeLay would have had to serve 10 years' probation.
570:
commented by saying that
President Bush still viewed DeLay as "a good ally, a leader who we have worked closely with to get things done for the American people." On January 7, 2006, DeLay announced he would not seek to return to his position as Majority Leader. His lawyers asserted there were various
424:
October 3, 2005: Earle sought and received a new indictment of DeLay from a third grand jury in Austin on charges of conspiracy and money laundering. The next day, in a written statement, Earle publicly admitted he had presented the case to three grand juries, and that two of the three had refused to
274:
to help track Texas legislators during the battle over Texas redistricting. At the time of the latter admonishment, the House Ethics committee deferred action on another count related to fundraising while that matter was subject to state criminal action. That state investigation eventually led to the
145:
all charges. Judge Priest dismissed one count of the indictment alleging conspiracy to violate election law but allowed the other, more serious charges of money laundering and conspiracy to engage in money laundering to proceed. In
November 2010, DeLay was found guilty by a Travis County jury on both
478:
September 19, 2013: DeLay's
November 2010 convictions were overturned by the Texas 3rd Court of Appeals, which noted in part that "the jury on two occasions had asked trial Judge Pat Priest whether the $ 190,000 was 'illegal at the start of the transaction' or 'procured by illegal means originally'"
404:
September 8, 2005: A federal grand jury indicted TRMPAC, which allegedly accepted an illegal political contribution of $ 100,000 from the
Alliance for Quality Nursing Home Care and the Texas Association of Business, on four charges, including unlawful political advertising, unlawful contributions to
285:
DeLay's national political action committee, Americans for a
Republican Majority (ARMPAC). The FEC found that ARMPAC had failed to report $ 322,306 in debts owed to vendors, and that it had incorrectly paid for some committee expenses using funds from an account designated for non-federal elections.
457:
from the case. Perkins had donated to
Democratic candidates and organizations, including MoveOn.org. DeLay's attorneys argued Perkins could not be perceived as impartial under the circumstances. The motion was heard by retired judge C.W. Duncan. Duncan ordered Perkins' removal from the case. DeLay
412:
indicted DeLay for conspiring to violate Texas state election law stemming from issues dealing with his involvement in TRMPAC. Texas law prohibits corporate contributions in state legislative races. The indictment charged that TRMPAC accepted corporate contributions, laundered the money through the
93:
in 2005. After a first grand jury declined to indict DeLay, Earle stated that new evidence had become available. A second grand jury quickly issued an indictment of Delay for one count of criminal conspiracy on
September 28, 2005. On October 3, a third grand jury indicted DeLay for the more serious
520:
A Travis County grand jury issued the indictment. The third grand jury's foreman, William Gibson, stated that there were "stacks and stacks" and that "s far as we're concerned, they presented us enough evidence and witnesses that we felt we were on the right track. I would not have put my name on
420:
September 30, 2005: In response to a motion to dismiss his initial indictment, Earle sought a second indictment of DeLay from a second grand jury. That jury refused to indict. Contrary to normal Texas procedure, a "no bill" document was not publicly released, and no public announcement was made
214:(TRMPAC). In October 2002, TRMPAC made contributions, through several channels, to Nelson Balido of San Antonio ($ 2,000), Byron Cook of Corsicana ($ 2,000), Wayne Christian of Center ($ 2,000), Rick Green of Dripping Springs ($ 2,000), and Eddie Shauberger of Liberty ($ 2,000), among others.
237:, the recognized negotiator, was arrested in May 2003, but later the arrest was called a mistake. The political police dragnet was at taxpayer expense. Texas House Speaker Craddick apologized to Giddings, then ordered the Sergeant at Arms to incarcerate Giddings in the state capital building.
610:
On
September 19, 2013, two Republican judges on a Texas appeals court overturned Delay's convictions, 2-1, ruling the evidence was legally insufficient to sustain his convictions. The Travis County District Attorney's office issued a statement that it would appeal the decision before the
67:. In 2013, a Texas Court of Appeals panel acquitted DeLay when it overturned his conviction. This decision was affirmed by the Texas Court of Criminal Appeals on October 1, 2014. DeLay had three years from that date, i.e. until October 1, 2017, to file any lawsuits for wrongful action.
261:
legislation from passing. The Federal Highway Administration offered to cooperate in arresting the Democrats, forcing the Democrats to travel to Oklahoma by plane instead of by automobile. Five Texas congressional seats changed hands from Democrats to Republicans during the
206:) redrew state legislative districts in accordance with the Census results. The new map that was adopted by the Republican-dominated board gave the Republicans an edge in winning the Texas House of Representatives, still controlled at that time by the Democrats. During the
517:, made payable to "RNSEC" (the Republican National State Elections Committee), along with a list of state-level Republican candidates who should receive the money. According to the indictment, the Republican candidates in Texas did receive the money so designated.
546:
DeLay blasted the charges as a "sham" and an act of "political retribution", perpetuated by his political opponents. He added, "I have done nothing wrong, I have violated no law, no regulation, no rule of the House." He retained former U.S. Representative
425:
indict. Earle claimed he had presented the new money-laundering charge to another grand jury because the previous grand jury had expired. DeLay's lawyers noted that Earle should not have waited to make the statement until after 5 p.m. that day.
252:
Some of the money was spent on manning phone banks and posting wanted posters on Federal Highways calling for the arrest of Democratic legislators with an 800 number to the Texas Department of Public Safety to call if seen after the Democratic
113:
rules, DeLay temporarily resigned from his position as House Majority Leader. On January 7, 2006, after pressure from fellow Republicans, he announced that he would not seek to return to the post. On June 9, 2006, DeLay resigned from
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December 5, 2005: Judge Priest dismissed one count, conspiracy to violate election law, but let stand two counts alleging money laundering and conspiracy to commit money laundering, of which DeLay was later convicted on November 24,
178:
in the country. The Democrats won 70 percent of the Texas congressional seats in 1992, the first year in which the new districts were in effect, while taking half of the total number of votes cast for Congress statewide. After the
439:
October 7, 2005: DeLay's attorneys filed a motion in court to have the latest indictment thrown out, charging that Earle coerced the grand jury and illegally discussed grand jury information and encouraged others to do the
571:
legal insufficiencies regarding the indictments. On October 3, 2005, DeLay's lawyers filed a motion to get the indictment of conspiracy to violate election law thrown out as fraudulent, claiming it was a violation of the
563:. Serving his last day on June 9, 2006, he stepped down, "to pursue new opportunities to engage in the important cultural and political battles of our day from an arena outside of the U.S. House of Representatives."
503:
in the case, as well as 13 counts of unlawful acceptance of a corporate political contribution. The charges were brought before the grand jury by Earle. Joe Turner, who represented Colyandro, stated he did not want a
240:
On May 26, 2005, a Texas judge ruled that a committee formed by DeLay had violated state law by not disclosing over $ 600,000 worth of fundraising money, mostly from the credit card industry, including $ 25,000 from
508:
in Austin, because "DeLay and Republicans are hated ". The indictment charged that DeLay, Colyandro and Ellis conspired to pass corporate contributions to candidates for the Texas legislature in violation of Texas
110:
579:
applications of law. DeLay's lawyers claimed that, in 2002, the crime of conspiracy did not apply to Texas election law, and maintained the corporate donations came from normal and legal business activity.
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law. Several corporations (such as Diversified Collection Services and Sears Roebuck) allegedly made contributions to TRMPAC. The indictment charged that TRMPAC then sent a check for $ 190,000 to the
263:
1357:
217:
The GOP victories in 2002 resulted in their control of the Texas House in addition to the Senate. As a result, the Texas Legislature was called into session in 2003 to establish a controversial
428:
October 3, 2005: DeLay's lawyers filed a motion to throw out the charge of conspiracy to violate election law as fraudulent, claiming it was a violation of the U.S. Constitution's ban on
1603:
1673:
1236:
636:
559:, claimed Earle has a history of indicting political enemies. Due to Republican party rules regarding leadership and indictments, DeLay stepped down from his position as
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324:
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applications of law. DeLay's lawyers argued that, in 2002, the crime of conspiracy did not apply to Texas election law. However, George Dix, a law professor at the
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DeLay asserted that Earle was "a rogue district attorney" engaged in "blatant political partisanship". Earle retired in December 2007 and was succeeded by
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that favored Republicans. A number of Democrats (the "Killer Ds", in the state House, and "Texas Eleven" in the state Senate) left the state and went to
958:
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battle but eventually focused primarily on the grand jury investigation. Earle cooperated with the documentarians, but DeLay refused to meet with them.
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555:, a Washington, D.C., lawyer and lobbyist, who had earlier represented Gingrich during his ethics cases. DeLay and his attorney,
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April 19, 2006: The Texas Third Court of Appeals upheld the decision to dismiss the charge of conspiracy to violate election law.
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October 1, 2014: The Texas Court of Criminal Appeals ruled 8-1 to uphold the decisions of the lower courts, exonerating DeLay.
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On November 24, 2010, DeLay was found guilty by a Travis County jury on both counts. The range of possible sentences was
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607:, appealed his conviction to the Texas Court of Criminal Appeals, which heard oral arguments on October 10, 2012.
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agreed to review the case and handed down an 8–1 decision affirming the lower courts' dismissal October 1, 2014.
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regarding the result until after Earle had presented evidence to a third grand jury and obtained an indictment.
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a political committee and unlawful expenditures such as those to a graphics company and political candidates.
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agreed to review the case and ruled, 8-1, to affirm the lower courts' dismissal on October 1, 2014.
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also sought to have the venue changed from Democratic-leaning Travis County, which was later denied.
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jail the next day. He was booked, photographed, and fingerprinted, before posting $ 10,000 bond.
1421:, No. 03-11-00087-CR, Tex. Ct. App. (Austin, TX), September 19, 2013; accessed October 2, 2014.
1406:, No. 03-11-00087-CR, Tex. Ct. App. (Austin, TX), September 19, 2013; accessed October 2, 2014.
408:
September 28, 2005: A Travis County grand jury operating under Travis County District Attorney
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to between 5 and 99 years in prison and up to $ 20,000 in fines. On January 10, 2011, after a
572:
443:
October 19, 2005: A Texas court issued a warrant for DeLay's arrest. DeLay surrendered at the
290:
74:
1579:
797:
768:, No. 03-11-00087-CR, Tex. Ct. App. (Austin), September 19, 2013; retrieved August 21, 2014.
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under these new maps, DeLay aggressively raised money for Republican candidates under
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November 1, 2005: DeLay prevailed in a motion to remove assigned Travis County judge
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In 2001 the Texas Legislative Redistricting Board (a panel composed of the state's
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On September 13, 2005, a federal grand jury indicted ARMPAC's executive director
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activities aimed at helping Republican candidates for Texas state office in the
465:, a "semi-retired" judge and a Democrat, was selected to preside over the case.
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1132:"Texas appeals court upholds dismissal of DeLay criminal conspiracy charge"
468:
November 22, 2005: DeLay filed a motion to dismiss the charges against him.
101:
was issued on October 19, and DeLay turned himself in the next day to the
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885:
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222:
331: in this section. Unsourced material may be challenged and removed.
122:
254:
230:
1559:
1259:"The DeLay Case: Lawyers Intend to Subpoena Makers of The Big Buy"
282:
37:
17:
1178:] Is Indicted in Texas Case and Forfeits G.O.P. House Post".
798:"Craddick was used as courier as GOP group tried to score points"
1109:"DeLay Conspiracy Charges Tossed, Money Laundering Case Remains"
852:"Deal calls for funding program on companies' role in democracy"
1498:
1174:
300:
1195:"Grand jury foreman cites "stacks" of evidence against DeLay"
754:, KVUE.com, September 19, 2013; retrieved September 23, 2013.
1494:
1439:, Brad Friedman, September 23, 2013. Retrieved May 31, 2019.
1087:"Judge declines to rule on dismissing charges against DeLay"
786:, Brad Friedman, September 23, 2013. Retrieved May 31, 2019.
417:, and directed it to favored Republican candidates in Texas.
1220:
712:
710:
479:
and that "the judge never answered the jurors' questions".
170:, Texas Democrats drew what Republican political analyst
745:"Lehmberg vows appeal after DeLay conviction overturned"
1475:, findlaw.com (copy of indictment on conspiracy charge)
819:"Homeland Security Dept. Searches for Texas Democrats"
1378:
Camia, Catalina; Davis, Susan (September 19, 2013).
1058:"Third DeLay judge appointed, but confusion remains"
524:
Earle's investigation of DeLay was the subject of a
1633:
1612:
1567:
1532:
1162:, cca.courts.state.tx.us; accessed October 1, 2014.
717:Ratcliffe, R.G.; Fikac, Peggy (November 25, 2010).
1282:"The Movie: Ronnie Earle, on a Mission from God"
1452:Capitol Crimes: The Land of Lobby (documentary)
1304:"DeLay indicted, steps down as majority leader"
695:"San Antonio judge assigned to hear DeLay case"
1642:No Retreat, No Surrender: One American's Fight
1225:, tomdelaymovie.com; accessed August 21, 2014.
1019:DeLay seeks new judge in money-laundering case
1510:
1458:Analysis of alleged flaws in first indictment
719:"DeLay convicted of money laundering charges"
8:
1380:"Texas court overturns Tom DeLay conviction"
666:"Smiling DeLay turns himself in for booking"
1674:Overturned convictions in the United States
1491:, coxnewsweb.com; accessed October 2, 2014.
1467:, humanevents.com; accessed October 2, 2014
1338:"DeLay Is Convicted in Texas Donation Case"
886:"FEC finds misreporting by DeLay committee"
541:
1517:
1503:
1495:
976:"Smiling DeLay photo no help to Democrats"
450:October 21, 2005: DeLay appeared in court.
275:felony indictment on September 28, 2005.
257:left for Oklahoma in order to prevent the
828:, truthout.org; accessed August 21, 2014.
391:Learn how and when to remove this message
150:, which it later did. The all-Republican
40:from 1979–83, and from 1985–2006 and the
1591:The Big Buy: Tom DeLay's Stolen Congress
1222:The Big Buy: Tom DeLay's Stolen Congress
1111:. The Associated Press. December 6, 2005
978:. The Associated Press. October 21, 2005
531:The Big Buy: Tom DeLay's Stolen Congress
1237:"Opponents of DeLay Make Use of a Film"
936:. The Associated Press. October 7, 2005
934:"DeLay lawyers want charges thrown out"
888:. The Associated Press. August 11, 2005
637:"Earlier Jury Declined To Indict Delay"
627:
495:and TRMPAC's former executive director
174:argued was the most effective partisan
1355:"DeLay sentenced to 3 years in prison"
1599:Jack Abramoff Indian lobbying scandal
1482:(copy of money laundering indictment)
1153:Texas Judiciary Online - HTML Opinion
908:"Earle Has Prosecuted Many Democrats"
850:Austin, Christy (December 10, 2004).
796:Copelin, Laylan (February 18, 2004).
677:Jonathan Weisman and Chris Cillizza,
81:(which includes the state capital of
7:
1480:Texas v Colyandro, Ellis & DeLay
1472:Texas v Colyandro, Ellis & DeLay
1454:, pbs.org; accessed October 2, 2014.
1047:, ap.org; accessed January 26, 2016.
329:adding citations to reliable sources
1620:Americans for a Republican Majority
1417:DeLay, Appellant v. Texas, Appellee
1402:DeLay, Appellant v. Texas, Appellee
1235:Halbfinger, David (March 7, 2006).
615:, which it did. The all-Republican
542:DeLay's response to the indictments
534:. The filmmakers went to cover the
1327:, Associated Press (May 12, 2006).
1280:York, Byron (September 30, 2005).
1028:, cnn.com; accessed July 27, 2016.
340:"Tom DeLay campaign finance trial"
14:
1193:Christy Hoppe (October 1, 2005).
1130:Shawl, Jeannie (April 19, 2006).
1085:Austin, Liz (November 22, 2005).
1625:Texans for a Republican Majority
1558:
1182:. September 28, 2005. p. 1.
305:
247:Diversified Collections Services
212:Texans for a Republican Majority
141:to preside over the case. DeLay
1325:DeLay to leave office on June 9
679:"DeLay to Resign From Congress"
617:Texas Court of Criminal Appeals
613:Texas Court of Criminal Appeals
499:, who already faced charges of
316:needs additional citations for
268:Federal Aviation Administration
152:Texas Court of Criminal Appeals
148:Texas Court of Criminal Appeals
133:assigned Senior District Judge
94:offense of money laundering.
192:Comptroller of Public Accounts
103:Harris County Sheriff's Office
1:
515:Republican National Committee
434:University of Texas at Austin
415:Republican National Committee
219:mid-decade redistricting plan
1679:21st-century American trials
280:Federal Elections Commission
1664:Political scandals in Texas
1463:September 30, 2007, at the
1043:September 29, 2007, at the
923:Tex. Penal Code sec. 34.02.
875:; accessed August 21, 2014.
854:. Texans for Public Justice
840:; accessed August 21, 2014.
800:. Texans for Public Justice
750:September 20, 2013, at the
111:House Republican Conference
1715:
824:February 14, 2006, at the
196:Speaker of the state House
1694:2010 in American politics
1689:2005 in American politics
1556:
1366:Austin American-Statesman
1306:. CNN. September 29, 2005
1024:October 24, 2005, at the
998:"DeLay faces Texas judge"
487:Indictments of associates
1585:2003 Texas redistricting
1038:DeLay indictment details
965:issued October 19, 2005.
961:August 30, 2008, at the
704:, CNN, November 4, 2005.
700:October 3, 2012, at the
668:, CNN, October 21, 2005.
536:2003 Texas redistricting
243:Sears, Roebuck & Co.
1360:April 24, 2014, at the
1200:The Dallas Morning News
1000:. CNN. October 21, 2005
1669:Congressional scandals
1575:Campaign finance trial
1431:Not so fast, Tom Delay
1158:July 18, 2011, at the
1089:. The Associated Press
778:Not so fast, Tom Delay
566:White House spokesman
297:Grand jury indictments
121:After two judges were
73:, the Democratic then-
23:
1540:Texas's 22nd district
1487:July 3, 2007, at the
1336:James McKinley, Jr.,
1284:. The National Review
1261:. The National Review
914:, September 29, 2005.
561:House Majority Leader
109:. In accordance with
42:House Majority Leader
21:
1533:Congressional career
1419:(Dissenting Opinion)
1344:, November 24, 2010.
445:Harris County, Texas
325:improve this article
293:, whom he mentored.
245:, and $ 50,000 from
1368:, January 10, 2011.
1257:(October 4, 2005).
906:Charles Babington,
584:Verdict and appeals
188:Lieutenant Governor
131:Texas Supreme Court
125:from the case, the
59:related to illegal
34:U.S. Representative
1550:Terri Schiavo case
1241:The New York Times
1180:The New York Times
1066:. November 4, 2005
838:Working Class News
647:on August 19, 2014
461:November 3, 2005:
272:Justice Department
44:from 2003–05, was
24:
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1172:"Delay [
635:Stutz, Terrence.
573:U.S. Constitution
401:
400:
393:
375:
291:Rosemary Lehmberg
249:of San Leandro.
204:Land Commissioner
137:, a Democrat, of
75:District Attorney
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1580:K Street Project
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685:, April 4, 2006.
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643:. Archived from
641:The Sun Sentinel
632:
605:defense attorney
511:campaign finance
501:money laundering
396:
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309:
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200:Attorney General
143:moved to dismiss
61:campaign finance
50:money laundering
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1699:Trials in Texas
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1465:Wayback Machine
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208:2002 elections
172:Michael Barone
166:following the
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99:arrest warrant
85:), sought the
65:2002 elections
22:DeLay in 2005.
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342: –
341:
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336:Find sources:
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314:This section
312:
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278:In 2005, the
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1384:. Retrieved
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645:the original
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410:Ronnie Earle
387:
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323:Please help
318:verification
315:
288:
277:
251:
239:
233:for voting.
216:
185:
161:
120:
96:
71:Ronnie Earle
69:
25:
15:
1382:. USA Today
1255:York, Byron
526:documentary
455:Bob Perkins
181:2000 census
176:gerrymander
168:1990 Census
139:San Antonio
48:in 2010 of
1658:Categories
1310:August 30,
873:DeLay Memo
651:August 17,
603:, DeLay's
594:sentencing
575:'s ban on
506:jury trial
463:Pat Priest
351:newspapers
229:to deny a
227:New Mexico
225:and later
158:Background
135:Pat Priest
87:indictment
54:conspiracy
31:Republican
1684:Tom DeLay
1526:Tom DeLay
1436:Salon.com
1404:(Opinion)
1288:April 18,
1265:April 18,
1206:April 18,
1115:April 17,
1093:April 17,
1070:April 17,
1063:USA Today
1004:April 17,
982:August 7,
940:April 17,
892:April 17,
783:Salon.com
729:August 5,
725:. Houston
723:Chronicle
590:probation
493:Jim Ellis
91:Tom DeLay
46:convicted
27:Tom DeLay
1485:Archived
1461:Archived
1358:Archived
1156:Archived
1138:June 28,
1134:. JURIST
1041:Archived
1022:Archived
959:Archived
858:June 30,
822:Archived
804:June 30,
748:Archived
698:Archived
553:Arkansas
223:Oklahoma
116:Congress
1634:Related
597:hearing
365:scholar
283:audited
162:In the
129:of the
123:recused
107:Houston
57:charges
956:Capias
367:
360:
353:
346:
338:
255:caucus
231:quorum
202:, and
83:Austin
623:Notes
472:2010.
440:same.
372:JSTOR
358:books
38:Texas
36:from
1388:2013
1312:2006
1290:2006
1267:2006
1208:2006
1140:2008
1117:2006
1095:2006
1072:2006
1006:2006
984:2006
942:2006
894:2006
860:2007
806:2007
731:2018
653:2014
344:news
270:and
52:and
29:, a
1175:sic
551:of
327:by
105:in
97:An
89:of
77:of
1660::
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709:^
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394:)
388:(
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379:(
369:·
362:·
355:·
348:·
321:.
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