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« Murder Rate Lowest Since 1965 | Main | Will Montgomery Scott Get the Credit? »
October 18, 2005

Delay Refused Pre-Indictment Plea Bargain to Misdemeanor

The Houston Chronicle has the latest in the Texas hold ‘em tournament involving Tom Delay and Ronnie Earle:

U.S. Rep. Tom DeLay's lead attorney Monday said Travis County District Attorney Ronnie Earle offered to let the congressman plead guilty to a misdemeanor but indicted him on a felony when DeLay refused.

The plea offer was mentioned in a letter to Earle from attorney Dick DeGuerin of Houston that accompanied motions to dismiss the indictments against DeLay. …

DeGuerin said Earle made the plea offer in the context of DeLay keeping his House leadership post.

"You tried to coerce a guilty plea from Tom DeLay for a misdemeanor, stating the alternative was indictment for a felony which would require his stepping down as majority leader," DeGuerin wrote.

"He turned you down, so you had him indicted, in spite of the advice from others in your office that Tom DeLay had committed no crime."

Delay’s attorney seems to be playing up the notion that Earle's later felony indictment was a vengeful move by the prosecutor – a D.A. spitefully going overboard when his original offer was refused. In fact, pre-indictment plea bargaining isn’t all that unusual, especially in white collar crime cases.

What is interesting though, is that the refusal seems to stand as fairly objective evidence that Delay thinks Earle’s case stinks, not just the usual “their case is the worst brought before any court, ever” lawyer blustering.

Now, it might be argued that Delay’s refusal was out of concern that admitting criminal wrongdoing, even a misdemeanor, might strengthen the cases against Jim Ellis and John Colyandro - Delay’s political associates charged in the same overall ‘scheme.’

But to turn down a misdemeanor? And that wouldn’t have even required you to step down as House Leader?

In poker, that kinda shows you don’t think much of your opponent’s hand.


posted by Dr. Reo Symes at 10:37 AM
Comments



Yeah, at this point, we've seen The Flop and The Turn, and unless Earle gets his River card, it's looking like Delay 90% Earle 10%.

Posted by: The Colossus on October 18, 2005 10:55 AM

A few days ago, there was a hearing on the defendants' motion to obtain a copy of the list of candidates mentioned in the indictment -- the one that allegedly proved there was an agreement to exchange corporate donations for funds to these candidates' campaigns.

At the hearing, Earle and Co. apparently had to admit in open court that they do not have such a list at all, but they only have a "similar" list. In other words, the prosecutor doesn't actually have the key piece of evidence on which his entire case is based. Only something "similar."

This case is going to go the way of the Killian/Rather memos.

Posted by: Phinn on October 18, 2005 11:09 AM

Yeah, to continue the analogy, it seems that Earle tried to buy the pot(intimidating DeLay with the severity of the charges if he didn't bargain), and DeLay called his bluff by going All In (Telling Earle where he could stick his plea bargain offer) .

Posted by: Brian B on October 18, 2005 11:11 AM

I'm glad Delay is not rolling over. We need more conservatives to stand up and fight. The Rodeny King approach to politics just isn't working for us when they hold us to civil standards they refuse to consider.

Posted by: Vulture 6 on October 18, 2005 11:18 AM

Senator Kay Bailey Hutchison endured the same charges by Earle. She faced him down and the judge threw out the case in a nanosecond.

I am sure Delay expects the same thing to happen.

Posted by: Jake on October 18, 2005 11:21 AM

When they opened the trial against Hutchison, the judge challenged the authenticity of the evidence Earle wanted to present, and after review warned him he would not let him present it. Earle then refused to prosecute the case, so the judge threw it all out.

Posted by: Dave in Texas on October 18, 2005 11:33 AM

So just what in the hell is wrong with Austin that they keep electing this jackass?

Posted by: Slublog on October 18, 2005 11:36 AM

It's just hardball politics Slub - Ronnie plays it very well. He's gone after Democrats too, intra-party power struggles. Reminds me of Lyndon Johnson.

Austin is an interesting mix of old-style Democrats, with the usual coalitions, and some old hippies. Unofficial city motto is "Keep Austin Weird".

They do.

Posted by: Dave in Texas on October 18, 2005 11:41 AM

When I lived there, my unofficial counter-motto was "Force Austin To Become Normal." Unfortunately, it never really took off.

Posted by: Phinn on October 18, 2005 11:48 AM

"Keep Austin Weird".

It's all those frigging bats under the Congress Avenue Bridge that makes it easy to be batshit crazy in Austin.

Posted by: Michael on October 18, 2005 12:15 PM

Pictures and article about Austin's famous bats are available here.

Posted by: Michael on October 18, 2005 12:18 PM

Austin is the Yellow Dog Democrat part of Texas that never changed after the Republican southern strategy. Like Dave said, combine this with the old hippies and you get a very funky political scene around here.

I've met the most ignorant fucktards I've ever met in my life here in Austin. People that honestly believe in weather machines (a good friend is an old Alex Jones show producer), in "blood for Israel," etc. etc.

Yet I cannot leave because I love the town too much.

Posted by: tachyonshuggy on October 18, 2005 01:34 PM

Unfortunately, it never really took off.

not by a long shot.

Course, for a state that elected treasurers named Jesse James (1941-1977) and Warren G. Harding (1977 - 80-something), it's all relatively normal.

Posted by: Dave in Texas on October 18, 2005 01:41 PM

Yet I cannot leave because I love the town too much.

I've visited Austin, and have an uncle that lives there and loves it. The city does have its charms.

I prefer San Antonio myself. Great food, the Alamo...what else do you need?

Posted by: Slublog on October 18, 2005 01:43 PM

I prefer San Antonio myself.

Well, damn, Slu. I always knew you were a kindred spirit.

Posted by: Phinn on October 18, 2005 02:08 PM

Well, if you live in San Antonio or Austin, occasionally you need to go to the barbecue joint at Willow City, in the Hill Country about halfway between those cities.

Posted by: Michael on October 18, 2005 02:36 PM

If you keep talking about BBQ, you're going to make me cry.

I've been in Florida for 2 years now. Decent Mexican food and BBQ are in very short supply.

Posted by: Phinn on October 18, 2005 02:58 PM

Try moving to North Carolina. They have this vinegar based sauce up here and the Mexican food is not fit for animal feed. Give me some Pappasito's salsa and Otto's or Goode Company bbq anyday. Law school was fun in Austin, but there are some strange people. Just read the personal ads of the Austin Chronicle and you will understand.

Posted by: on October 18, 2005 03:14 PM

I've lived in San Antonio all my life. Thanks for the nice comments. Yeah, it's a pretty nice town. The folks are down to earth, and quirky, but not weird. Nice mix of cultures that mostly get along. Too effing hot in the summer, but a good place to raise a family.
It helps if you can speak some Spanglish.

Posted by: stace on October 18, 2005 03:20 PM

Decent Mexican food and BBQ are in very short supply.

Never eat Tex-Mex east of the Mississippi or north of the Red River.

And this is the best BBQ in 50 miles.

Posted by: Dave in Texas on October 18, 2005 03:22 PM

Yes, I used to pick up the Chronicle regularly just for the personals—a great entertainment value, and educational too.

Posted by: stace on October 18, 2005 03:24 PM

Best Texas BBQ: Dr. Hogly Wogly's Tyler, Texas Pit Barbequeue.

Best ribs evah. And (at least when I went there) it was all-you-can-eat. Baked beans and fried okra on the side, too. Man, it gets me hungry just thinking about.

MMmmmmmm.

Posted by: Monty on October 18, 2005 03:37 PM

I've been in Florida for 2 years now. Decent Mexican food and BBQ are in very short supply.

I've been in Maine for 15 years now. The only decent Mexican food here is what I cook, and BBQ? Forget it.

The first time most of my friends had a home-made flour tortilla was when I invited them over for dinner. They were surprised that tortillas actually have taste.

*sigh*

Posted by: Slublog on October 18, 2005 03:53 PM

OK BBQ (how quaint ma, is that the same as barbecue?) rednecks, time to turn off the salivary glands and get back on topic.

Anyone else notice how "Dr. Symes" is so knowledgeable about legal matters? Makes me think either he's been sued with alarming frequency or else watched every episode of Perry Mason.

Just sayin.

Posted by: doc on October 18, 2005 04:20 PM

You know where they have (had) surprisingly good Mexican food? New Orleans.

When started school there, I resigned myself to the fact that I would be deprived of a decent refritos for 3 years. But to my surprise, there were two places, both small chains, that had fare that was as good or better than anything they serve at La Fogata or Mi Tierra. They were Cuco's and Taqueria Corona.

Cuco's was gringo food all the way. Heavy. Classic enchies, a chimichanga that would bind you up for a week. A tortilla-making machine operating right in the center of the restaurant, which churned out the tortillas that they actually served.

Taqueria Corona was more autentico. Cebollitas for appetizers, and flautas that were made by a master.

I suppose they are both gone now.

Posted by: Phinn on October 18, 2005 04:20 PM

Phinn:

A Tulane alumnus among us?

Posted by: Monty on October 18, 2005 04:23 PM

Go Green Wave!

Posted by: Phinn on October 18, 2005 04:24 PM

(but I'm still a Longhorn at heart)

Posted by: Phinn on October 18, 2005 04:24 PM

I'm a Longhorn in my checkbook.

Slub, there are days when I would trade bbq for access to really good lobster.

Posted by: Dave in Texas on October 18, 2005 04:33 PM

One of my proudest possessions is my genuine Texas barbecue, hand made for me when I was a resident of San Anonio. The guy I bought it from is an artist with a welder. I doubt there is another like it in the State of Ohio (where most people confuse grilling with barbecuing).

Posted by: Michael on October 18, 2005 04:42 PM

Slub, there are days when I would trade bbq for access to really good lobster.

Yeah, we can get that up here. And cheap, too.

Unfortunately, I dislike lobster, unless it's in a dish. Put a big sea bug in front of me, and I get queasy.

Posted by: Slublog on October 18, 2005 04:52 PM

That's the best way to eat lobster - it really grosses your kids out.

Posted by: Dave ni Texas on October 18, 2005 04:59 PM

I'll take a swing by Taquiera Corona (the one on West Esplanade in the strip mall near Mulligan's.) on the way home from work in the morning. Gotta run some CD's to a friend who lost all her MP3s to Katrina, and it's on my way. The best Mexican food down here, though, has to be Casa Garcia out in Kenner. Only place in the metro area I know of that gets Chilie Rellenos right. Only other place that even came close was Pancho's, who at least understood that they're supposed to be meat & cheese inside a big pepper... Their sauce wasn't horrible, though the breading was too thick & spongy.

Posted by: Cybrludite on October 19, 2005 01:33 AM

Ah, the Taqueria Corona on West Esplanade ... been there many times.

We lived out in the Creeks of River Ridge at the time (before they started taking Section 8 vouchers and the crime rate went through the roof, go figure), and it was easier to get to that one rather than go all the way to Uptown, the one on Magazine. Then they opened another location around the corner from our apartment, and so we went there instead. On many Friday nights, it was a toss up as to whether it would be Z or Taqueria Corona.

Trust me on the cebollitas and the flautas.

What's the real story on the state of the Greater New Orleans economy, by the way?

Posted by: Phinn on October 19, 2005 10:55 AM

Well, the TC on West Esp. will be reopening this coming Monday, according to the spray-painted plywood sign out front.

As for the state of the local economy, damned if I really know. They're paying folks $10 an hour to ask if folks want fries with that. Big-time labor shortage, but that's going to be hard to fix with the even worse housing shortage. The $10/hr plus signing bonus burger-flipping jobs can't last. I'd consider it a great oppertunity to get a better paying job (NOT the burger-flipping thing, but a new computer tech job) down here, except I'm now alergic to mold. (Anyone hiring professional geeks out your way?)

Posted by: Cybrludite on October 20, 2005 02:31 AM
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"It's f**king f**ked."
-- reportedly a genuine comment offered by a "senior Labour source"
Correction: I wrote that Labour is losing 88% (now 87%) of the seats it is "defending." I think that's wrong. The right way to say it is the seats they are contesting -- that is, they don't necessarily already hold these seats, but they have put up a candidate to run for the seat. It's still very bad but not as bad as losing 87% of the seats they already held.
Basil the Great
@BasilTheGreat

🚨ED MILIBAND [a Minister in Starmer's government] SAYS KEIR STARMER WILL RESIGN AS PRIME MINISTER

He has reportedly reassured Labour MP's that Starmer will be resigning following the disastrous results tonight

It's over
"The end of the two party system in the UK" as first the Fake Conservatives and now Labour chooses political suicide rather than simply STOPPING THE INVASION
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)
No political party that is NOT also a doomsday religious cult would EVER choose a cataclysmic loss -- and possible extinction as a party -- to support a toxically unpopular favoritism of NON-CITIZEN ILLEGAL MIGRANTS over actual citizen voters.

Only a cult does this.
Now they've lost 84%.
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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...
The British Patriot
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🚨 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.


Wow, up to 1700-2100 seats. It's not incredible that this is happening. It's incredible that the Davos crowd is so absolutely determined to privilege Muslim "migrants" over the actual native population who elects them, no matter how loudly the natives scream that they want to be prioritized, that they will gladly self-extinguish as a party rather than simply representing the interests of their own voters. Astonishing.
Remember, when they call other people "cultists" -- they are the ones so imprisoned in their social reinforcement and discipline bubbles that they will choose political death rather than dare upset the Karen Enforcement Officers of their cult.
Update: Now they've lost 83% of the seats they were defending.
(((Dan Hodges)))
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Reform are basically wiping Labour out in the North. It's not a defeat. It's not even a rout. Labour are simply ceasing to exist.


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Tonight’s results are calamitous for Labour. Not just for Keir Starmer's leadership, but for the very future of the party
STARMERGEDDON: In early returns, Reform gains 135 seats, Labour loses 90, the Fake Conservatives lose 36 (and I didn't even know they could fall any further), the Lib Dems lose 4, and the Greens gain 6. Note that the only other party gaining seats is the Greens and they're only gaining a handful of seats.
Update: Reform now up 145, Labour down 98.
Labour projected to lose Wales -- where they've ruled for 27 years.
Fulton County Georgia just discovered 400 boxes of ballots for Labour
Update: REF +156, LAB -107, CON -45
Brutal: In four out of five council seats where Labour is defending, they've lost. 80%.
I'm sure it's not this simple, but Reform is straight taking Labour's and the "Conservatives'" seats. They've lost almost exactly what Reform gained. If understand this right (and warning, I probably don't), all of London's council seats are up for election, and Labour might lose hugely there, as their old voters abandon them for Reform, Muslim Indenpendents, and the Greens.
REF +190, LAB -134, CON -56.
Updates on the Labour collapse in council elections -- which wags are calling #Starmergeddon -- from Beege Welborne. There are about 5000 seats up for grabs, Labour is expected to lose 1,800, Reform will probably gain 1,580, up from... zero. So this would be more than that.
People claim that while Labour has adopted the Sharia Agenda to appeal to the million Muslims it allowed to migrate to the country, those voters are ditching Labour to vote for the Muslim Independent Party or the Greens. Delicious. This shadenfreude is going straight to my thighs.
Oh, and if Starmer loses about as badly as expected, Labour will toss him out of a window Braveheart style and replace him. He will announce he is resigning to spend more time with his Gay Ukrainian Male Prostitutes.
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That was written by Denny O'Neill and illustrated by, get this, Frank Miller. Editor to the Stars Jim Shooter was in charge at the time.
I always thought the gag was original to the comic book, but in fact the "Threat or Menace" headline was a satirical joke about media bias and sensationalism for a long while. The Harvard Lampoon used it in a parody of Life magazine: "Flying Saucers: Threat or Menace?"
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Socialist usurper Obama cut commercials urging Virginians to vote for the bizarre "lobster" gerrymander -- but now says gerrymanders are so racist you guys
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Pete Bootyjudge is whining too. But here's the Illinois gerrymander he supports.
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