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« Cool Stuff | Main | I Hate Posting Rumors From "Sources" of Dubious Credibility, But... »
October 05, 2005

Tom DeLay Update

So, as many of you already know, Ronnie Earle rushed to empanel a new grand jury when Tom DeLay's lawyer moved to quash the, uhhh, "indictment" he already had in hand. The reason? The law he was indicted on was passed in 2003. The transaction supposedly violating that law occurred in 2002.

Talk about loose shit. I guess Ronnie Earle was absent the day they taught law in law school.

So now he's seeking a quickie money-laundering charge. It's bullshit, because Texas law states that money laundering occurs when money obtained through illegal means is passed through a front. The money was not raised through illegally, but through perfectly legal means. Whether or not the subsequent transaction was shady is irrelevant. The law applies to criminal proceeds; money laundering just does not apply.

Now the New Editor catches that a third grand jury refused to indict delay. Funny how the media isn't reporting that.

It's also funny that no record of the grand jury's refusal to indict can be found at the courthouse.

Memo to Ronnie Earl: Hope you've already signed all the contracts for your Hollywood Moment. 'Cuzzin' I'm thinking you just jumped the shark.

"The Man Who Almost Got DeLay, But Fucked It All Up Because He Was an Incompetent Hyperpartisan Hack" just isn't a good title.

The Actual Law: JoeInDC44 was on the ball enough to look it up:

PENAL CODE

CHAPTER 34. MONEY LAUNDERING


§ 34.01. DEFINITIONS. In this chapter:

§ 34.02. MONEY LAUNDERING. (a) A person commits an
offense if the person knowingly:
(1) acquires or maintains an interest in, receives,
conceals, possesses, transfers, or transports the proceeds of
criminal activity
;
(2) conducts, supervises, or facilitates a
transaction involving the proceeds of criminal activity; or
(3) invests, expends, or receives, or offers to
invest, expend, or receive, the proceeds of criminal activity or
funds that the person believes are the proceeds of criminal
activity
.

Oh, there's some bullshit argument that can be made, I guess, that if you know in advance you're raising money with the intent to subvert campaign finance laws you are, constructively, raising money via "criminal activity."

Trouble is, that's a stretch, and besides, there was no law on the books to subvert in 2002, when the transaction complained of actually occurred.

Once again: that law was passed in 2003.

So that's gonna be a hard argument to make. "See, the accused knew what he was doing was legal, but he also knew a year later it wouldn't be, so by acting in 2002 rather than 2003, he was criminally conspiring to subvert a law which wasn't in effect yet but which later would be."

I think I saw a similar line of argument in the new Law & Order franchise, Law & Order: Special Retard-Law Unit. "The criminal justice system is made up of two equally important groups: the police who arrest the criminals, and the retarded lawyers who drool over their memos as they comically attempt to prosecute them..."

Retard-lawyers don't win many cases, but they work cheap. They're paid in tapioca.


posted by Ace at 04:34 PM
Comments



"The money was not raised through legal means, but perfectly legal means."

Typo dude. Loose shit.

Posted by: Iblis on October 5, 2005 04:45 PM

What a scumbag. I knew the moneylaundering charge sounded bogus, so I actually looked it up, unlike the Washington Post, and found the concept that my legal brain forgot, the illegal means. Money laundering is not itself illegal because of the movement, its the movement of money that was tainted.

So, we have another non-indictment. First, this guy Earle fights for jurisdiction (anyone have any info on that?), then gets an indictment of an alleged crime without a statute in effect, now he flunks an even prima facie criminal case. Rush played audio of the Grand Jury member who was ready to indict for anything. There should be a criminal version of rule 11, and this guy should be doing the perp walk on his way to jail for contempt.

PENAL CODE

CHAPTER 34. MONEY LAUNDERING


§ 34.01. DEFINITIONS. In this chapter:

§ 34.02. MONEY LAUNDERING. (a) A person commits an
offense if the person knowingly:
(1) acquires or maintains an interest in, receives,
conceals, possesses, transfers, or transports the proceeds of
criminal activity;
(2) conducts, supervises, or facilitates a
transaction involving the proceeds of criminal activity; or
(3) invests, expends, or receives, or offers to
invest, expend, or receive, the proceeds of criminal activity or
funds that the person believes are the proceeds of criminal
activity.

Posted by: joeindc44 on October 5, 2005 05:00 PM

The law he was indicted on was passed in 2003. The transaction supposedly violating that law occurred in 2002.

Oh, this is hilarious. They seem to do alot of this stuff and the law is fairly new. It's more than odd they would not notice their fatal flaw.

Posted by: on October 5, 2005 05:21 PM

My caveat is that I only found the unabridged Texas Code online. Maybe in Texas "proceeds of criminal activity" has been rendered meaningless by caselaw.

Posted by: joeindc44 on October 5, 2005 05:24 PM

I still like Earle because of that kickass song "Guitar Town."

Posted by: Hubris on October 5, 2005 05:46 PM

I think I saw a similar line of argument in the new Law & Order franchise, Law & Order: Special Retard-Law Unit. "

Priceless, f'n priceless!

Posted by: Laddy on October 5, 2005 05:46 PM

The funniest part of this is earlier this week NPR interviewed the foreman of the jury who indicted DeLay (on the first charge). Guy says, "once people see what we saw, you'll know that something was wrong".

But today, I hear on Rush an audio clip of him on a local Austin radio program admitting that he had already convicted DeLay before he was on the grand jury because of the ads DeLay's PAC was running.

News reax of all this? Deafening. I mean just imagine--Bill Fundie, Republican D.A. trumps up charges on Harry Reid. Reid's lawyer shows it's bunkum, real fishing-expidition bunkum. Republican jury foreman gives interview where he admits a bias against Reid before he's empaneled. Can you say [i]20/20[/i] segment?

Posted by: rho on October 5, 2005 05:51 PM

I'm going to have to second Laddy's comment above. Law and Order: Special Retard-Law Unit.

That's some good stuff there.

Posted by: MH on October 5, 2005 07:17 PM

You're on f'n fire with this post, ace. It starts out great and then just gets better. Nice work.

Posted by: OregonMuse on October 5, 2005 08:19 PM

Some of my community's moonbats are having multiple orgasms over the Delay indictment in our letters-to-the-editor section of the local paper. I'd love to be standing in a group of them when it gets thrown out of court.

Posted by: OregonMuse on October 5, 2005 08:56 PM

Dang you, Ace - I just sprayed coke out my nostrils all over my keyboard when I read:

"I think I saw a similar line of argument in the new Law & Order franchise, Law & Order: Special Retard-Law Unit.
The criminal justice system is made up of two equally important groups: the police who arrest the criminals, and the retarded lawyers who drool over their memos as they comically attempt to prosecute them..."

You owe my $25 for a new keyboard, pal.

:-)

Posted by: DocJ on October 5, 2005 10:53 PM

ACE:Retard-lawyers don't win many cases, but they work cheap. They're paid in tapioca.
Buddy this quote is why you should get paid the BIG BUCKS. You are so much better than the MSM it's outrageous. Shame on N.Y.Times, WPO and Newsweek. They're wasting their money not hiring you.

Posted by: john on October 6, 2005 02:28 AM

OregonMuse,

I work in an office surrounded by our local Moonbats. I'll try to get you pictures when their heads explode.

Posted by: Brian B on October 6, 2005 01:33 PM

Hi,

You guys are nuts. The 2003 law just made more explicit what was already on the books.

Also, you might notice what has already happened in this case, which previous indictments THAT STUCK?

Earle has been knocking this one down from the little guys up. You and I don't know what squealing has already happened!

On the off-chance that geoff is reading this, here's a nice source explaining why the unemployment numbers are as bad as I said they are.

Posted by: tubino on October 6, 2005 02:18 PM
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Somebody else holds your heart, yeah
You turn to me with your icy tears
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He has reportedly reassured Labour MP's that Starmer will be resigning following the disastrous results tonight

It's over
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Incidentally, the only reason this didn't already happen in the US is because of the Very Bad Orange Man (who is right on 85% of all policy calls and extremely, existentially right on 15% of them)
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Only a cult does this.
Now they've lost 84%.
Annunziata Rees-Mogg
@zatzi
If this continues Labour loses 2,148 seats tonight.

That is much worse than the worst case predictions I’ve seen.

Cataclysmic

Update: They've now lost 88% of the seats they're defending. As I mentioned earlier, I think I heard that London will not bail them out, as many of those Labour seats will probably flip to "Muslim Independent" or Green. Detroit's 5am vote will not save them.
Yup, Labour is losing 80% of its seats...
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@TheBritLad

🚨 BREAKING: Labour have lost 80% of all seats contested as of 2:25 AM.<
br> If this continues, Keir Starmer will be out of office next week.

Reform has surged and projected to pick up between 1700-2100 seats.


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@DPJHodges

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@lowles_nick

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