Tom Delay may already have a plea deal...

[txaslftist]

When I read the indictment I found something interesting.

The long and short of the legalese is that Delay, acting with the advice of his counsel, waived his statute of limitations defense in advance of the issuance of the indictment.

You know, the statute of limitations is the part of the law that says for certain crimes you have to bring the charge within a certain number of years, months, whatever. Delay waived the 3 year statute on this charge.

He was not indicted out of the blue, then. His attorneys were aware of the pending indictment, and participated in its preparation.

Why would he waive the statute of limitations on a state jail felony charge? (Under Texas law a 'state jail felony' is a sort of cross between a misdemeanor and a felony. It's a felony, but you get probation right off the bat and you can't go to prison for it) It says he waived it with the advice of counsel.

I'm a defense attorney, Federal, and have been a state defense attorney. The only reason I would advise a client to waive a statute of limitations objection to a felony is if it were in exchange for a reduced charge.

In other words, Ronnie Earle must have told Delay's attorneys that if he didn't agree to waive the statute of limitations for a state jail felony, he would be charged with something more serious, some sort of charge with a longer statute of limitations.

Hell, this case may already be headed for a no-jail but resign sort of plea bargain.

[RevolutionStartsNow]

1. As good as he would look in an orange jumpsuit...

I'd be happy enough just to see him permanently resign.

[ret5hd]

13. i want to see him in that cute prison ensemble i've seen on tv...

you know, the tight t-shirt cinched up tight and tied to the side, blue eye shadow, prison slippers, hand-on-hip in that jaunty prison pose. you know the one.

[VaYallaDawg]

39. With the cigarette holder!! n/t

[Chemical Bill]

62. We had a mayor here in Providence, named Buddy,

who resigned and avoided jail. He ran in the next election as an independant, and the split in the Dem and repug vote enabled him to get re-elected (He got caught again, and he's in jail now).

Any plea bargain better spell out that Delay can't run for dog catcher (but they'd just give him a job in the White House anyway).

Bill

[DelawareValleyDem]

66. Ah yes, Vinny Cianci

immortalized on the show Family Guy by virtue of an eponymous junior high school.

[DoYouEverWonder]

2. Delay is slime

he would do anything to save his own ass. I'm sure ratting on other people for a lesser sentence wouldn't be beneath him.

[Oreo]

3. Maybe that's why there was only 1 count?

[aint_no_life_nowhere]

4. Delay actually hired legal counsel?

I thought Republicans hated attorneys, especially criminal defense ones.

[txaslftist]

9. He's got more attorneys than a shithouse has flies.

[Richard Steele]

5. That caught my eye as well.

I agree, some sort of pre-arranged plea deal
seems like the only explanation.

It's a good point to make, if it turns out to be correct.

All the Delay-enabling rethugs,
screaming for MONTHS that the charges are bogus,
while the Bugman already secretly plead guilty?
PRICELESS!

[Seansky]

6. Oh man! well, if that is the case, then he could still be an active GOP

hammer of some sorts...Ay caramba!

[txaslftist]

11. Well, a taphammer, not a sledgehammer.

[Seansky]

20. ha, ha!

[mark11727]

Behold, the new improved 2006 "HAMMER"!

[Inland]

7. Wouldn't you also waive in order to have negotiations

I suppose we would have heard of that, but the Delay press conference pretty much rules out a plea.

[txaslftist]

14. Most prosecutors could give a shit what you say to the press.

It's what you say to the judge that counts.

[Inland]

15. Yaeh, but how can delay back down and take a plea

and save his political hide?

I suspect he tried to talk turkey and it fell apart, not that there is a deal.

[txaslftist]

24. "for the good of the country"

I will accept this slap on the wrist with my plea of no contest because I want to avoid the deep division that a trial would produce"

"Because of the deep harm that this process is inflicting upon my family, my political party, my community, I will reluctantly sign this mea culpa to this pecadillo, even though I am, in my heart, innocent..."

Shit. I can write his speech in five minutes. These things are done all the time.

[bahrbearian]

8. Resign so he can take over Abramoff old job?

I hope not .

[rateyes]

44. You know, he's still got that

Abramoff stuff to deal with. This is just a state charge. Wonder if Abramoff is rolling on DeLay and Reed, et al, for a lighter sentence? Talk about good stuff.

[buff2]

10. Now that sucks.

I want so much to see him go to prison. People have served time for much less than what this idiot has done. Martha Stewert comes to mind.

[H2O Man]

12. Very good point.

Now that you mention it, I think that it makes sense. I would not be surprised to see it pled down to less than a felony.

[txaslftist]

16. Actually going down lower than it is already WOULD surprise me.

This has the ring of a done deal. It could be his attorneys stipulated to the state jail felony to avoid trial on a more serious charge while preserving the right to trial on the SJF, but that would be a pretty unusual deal, at least in my jurisdiction.

No, knowing Ronnie, he's not going to settle for less than a felony. He might let Tom avoid jail, or he might agree to some conditional jail time (like 30 days).

Hard to say what deals are going on under the table, but I guarantee there's some dealing taking place. That language in the indictment proves it.

[Lone_Star_Dem]

19. This would make sense

Mr Earle gets his felony and DeLay doesn't have to face actual jail time.

Generally speaking, how much information regarding the indictment would Mr Earle give to DeLay's attorneys prior to it being handed down? I would assume some (unofficial?) information must have exchanged hands if they were making deals already.

[txaslftist]

38. Usually little evidence is shared...

...but the writing's been on the wall for a while on this one. Ronnie Earle has given interviews, held press conferences, indicted other folks in the past year...

...Tom Delay knows pretty much what cards Ronnie's holdin.

[H2O Man]

32. Deals are where

you plea to something. Not where you get big charges dropped and then fight others. If he has made (or is making) a deal, it's possible he'll go for the felony, but I would be surprised. But, of course, that's mere speculation on my part, nothing more. I do think you are on to something, though.

[Catherine Vincent]

17. Here is what Delay used....

[aint_no_life_nowhere]

18. When will Delay be arraigned and will the media be allowed

to hear his plea? Or do you expect and arrangement before we even get there? Isn't Delay going to be taken into custody pending the arraignment? How does that work in the case of an important political figure?

[txaslftist]

21. At his arraignment he will plead not guilty.

The plea of guilty or nolo (if that's the deal) will take place down the road a ways, unless there's already an agreement for a quick plea.

Meanwhile there will be a lot of back and forthing and a lot of lawyering and a lot of motions and other stuff to keep the press interested.

[aint_no_life_nowhere]

23. So I assume he will be taken into custody and bail will be posted?

And his mug shot and prints taken? After all, he's accused of a felony, not of jaywalking.

[txaslftist]

25. He will voluntarily submit to fingerprinting and photos...

...probably at a desk in the police department or sheriff's dept, well out of sight of prying eyes. He will already have bail arranged and will not see the inside of a cell absent a sentence.

[aint_no_life_nowhere]

27. I hope someone leaks his mugshot to the press

We may be acquiring a collection of such things in the coming months.

[A Simple Game]

70. A deck of playing cards would be nice. n/t

[wakemeupwhenitsover]

43. Why won't we get to see hammerhead's

mug shot? They show mug shots all the time on TV. How many celebrities have been picked up for DUI's & they're shown in all their drunken glory?

Are there rules about which crimes a mug shot can be shown & which can't? Just curious.

best

[rateyes]

45. Don't you think that there will be

a motion to throw out the indictment first, before any more negotiations take place? Asking the expert.

[txaslftist]

56. Probably the Def. will file a motion to quash...

...these usually are not very successful. They can't dispute probable cause, because there's already been a grand jury finding on that.

I read over the indictment and it sure looks like there's probable cause in there to me.

[GOPAgainstGW]

22. List of Corporations Involved in DeLay TRMPAC Indictments

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=4913847&mesg_id=4913994

[SlowDownFast]

26. Kicked and nominated!

Thanks for the legal point of view!

[berni_mccoy]

28. Could it be possible that he waived this a while ago

In order that he not step down as Majority Leader (back in April when the grand jury was brought up to investigate). Maybe he waived it then under pressure of the Repubs in Congress?? They did have to change the rules for him...

[txaslftist]

29. No way of knowing when he waived it...

...but it was definitely pre-indictment, or it wouldn't be in there.

[nadinbrzezinski]

30. And that would not surprise me at all

this means though he is out... one down... how many to go?

[txaslftist]

33. I wonder what Nancy Grace will make out of this...

..she's usually pretty much "presume them all guilty", but that's a Republican meme. I bet she'll be "he's presumed innocent at this point" when she covers this tonight.

[H2O Man]

35. She's a democrat.

So I doubt she will shed any tears over old Tom.

[txaslftist]

41. Seriously? Egads. She's such a shrew.

I'm really surprised.

[H2O Man]

53. Yep.

She is.

[wakemeupwhenitsover]

31. I just caught the tail end,

but on the Ed Schultz show a lawyer (I think he was a lawyer) said that there are actually 6 Grand Juries investigating hammerhead.

Do you know if that's true?

best

[txaslftist]

34. I don't have any evidence to back that up.

If there are other GJs investigating him, (it is possible), none of them will have the statewide jurisdiction that Earle's court has. It's possible the feds are looking at this, but that would be political suicide for a federal prosecutor in the Gonzales Justice Dept. to go against Delay.

Talk about a quick demotion.

[wakemeupwhenitsover]

42. dang, I knew it was too good to be true:( n/t

[underpants]

36. Very good-voted onto Ggreatest page

very interesting.

Thanks for the headsup.

[Skidmore]

37. Or a judge bought and paid for. May explain the cocky smile today.

[txaslftist]

40. A bought and paid for judge is unlikely in Austin.

It's a blue city in a red state. Judges here run for election.

And Ronnie Earle ain't for sale.

[never_get_over_it]

46. Do you think he would cut a deal with the prosecutor

and then bash him as a form of his PR defense?

[txaslftist]

47. Sure. Ronnie's got a thick skin and Delay knows it.

Ronnie Earle is known not to oversell and not to say what he doesn't have to say.

[aint_no_life_nowhere]

48. U.S House Ethics Rules No. 23, section 10

http://clerk.house.gov/legisAct/legisProc/rules/rule23.html

U.S. House Of Representatives Rules Of Ethics No. 23, Sec. 10:

"10. A Member, Delegate, or Resident Commissioner who has been convicted by a court of record for the commission of a crime for which a sentence of two or more years’ imprisonment may be imposed should refrain from participation in the business of each committee of which he is a member, and a Member should refrain from voting on any question at a meeting of the House or of the Committee of the Whole House on the state of the Union, unless or until judicial or executive proceedings result in reinstatement of the presumption of his innocence or until he is reelected to the House after the date of such conviction."

The way I read it, even if Delay pleads guilty or no lo contendere to a felony and a sentence of less than 2 years is actually imposed (such as no time served), if it involves the commission of a crime "for which a sentence of two or more years' imprisonment MAY be imposed", Delay has to resign. The way I read it, it's not the sentence actually imposed but if the crime carries with it a maximum possible sentence of two years or more, Delay can't get out of it with just a deal for a plea and no time served. It depends on the type of crime committed. If this is correct, then what is the maximum sentence possible for the crime of which Delay now stands accused? I guess he could try to bargain down the crime to a felony for which only a year's sentence is mandated. But is there such a criminal statute in the books in Texas?

[txaslftist]

49. The max for a State Jail felony is two years.

[aint_no_life_nowhere]

50. Yeah, I just saw a video of Earle saying that on CNN

Therefore, it would seem that, upon strict interpretation of the House Ethics Rules, Delay must resign, even if he serves less time and pleads guilty (even if he serves no time).

[never cry wolf]

57. I don't read it that way

To me it says that said member can't sit on any committee's or vote on anything until either an appeal (or pardon) reinstates his presumption of innocense or until he gets re-elected.

[aint_no_life_nowhere]

59. I think we're reading it the same way

Not being able to vote on anything while in the House effectively ends one's ability to represent the people. Resignation is the only option. But the rules do say a member can get re-elected and then resume their position.

[never cry wolf]

60. Agreed, he could not represent the people

But I seriously doubt delat gives a flying crap about representing the people and he doesn't seem to be the type to do the honorable thing. He could still be lord of the backroom deals.

My point was it's not a forced resignation and I think that cockroach is the type that won't ever go away willingly.

[Virginian]

51. Can people convicted of a felony vote in Texas?

Convicted felons get their voting privs yanked in a lot of states. Can convicted felons run for congress, when they can't even vote for themselves?
So, can felons vote on congressional bills, just not in congressional elections.

Some how this isn't logical. Does anyone know what the real rules are?

[txaslftist]

54. Can't vote, but can get the right restored.

I'm not sure how that goes...

[aint_no_life_nowhere]

58. I believe the House Rules say that Delay could get re-elected

and resume his position after serving his sentence. It would be ironic if Delay couldn't vote in Texas in his own election for office, but would be voting on behalf of the people of Texas in the House.

[The Backlash Cometh]

52. That's exactly the weakness in the Florida Ethics Commission.

They nonchalantly say that by the time a case gets built, the suspect just steps down from office. But it's critical to go with the full force of the law, because these people continue their evil activities while in the private sector.

[caligirl]

55. Fits with the theme of comments by Houston Chronicle Cragg Hines

on Hardball just now. He may never see a day in prison, at least not in the real since.

[Walt Starr]

61. I fully expect a nolo contendere plea

Here's the text:

"The Grand Jury further presents that, with the advise and consent of counsel, the defendent, Thomas Dale DeLay, did heretofore knowingly, intelligently, and voluntarily waive application of Articles 12.01 and 12.02 of the Texas Code of Criminal Procedure to the indictment presented herein. In particular, the Grand Jury present that with the advice and consent of counsel, the defendent, Thomas Dale DeLay, did knowingly, intelligently, and voluntarily waive the requirement that an indictment for the felony offense of criminal conspiracy, the object of which is felony other than those listed in Subdivisions (1) and (5) of Article 12.01 of the Texas Code of Criminal Procedure, may be presented within three years from the date of commission of the offense, and not afterward, insofar as such requirement pertains to the indictment presented herein,"

Bottom of page three of the indictment:

http://www.thesmokinggun.com/archive/0928051delay3.html

and the top of page four of the indictment:

http://www.thesmokinggun.com/archive/0928051delay4.html

[fishnfla]

63. ...

:dem:

[Zen Democrat]

64. I don't think this necessarily means no "time" .. just state jail time

vs. prison time. People who have a maximum conviction time of 2 years or less go to state jail.

Instead of cells, there are dorms. Prisoners wear the prison suits - get strip searched - and all the rest.

There is no "good time" in state jail. Sentences are served "1 for 1" without possibility of shortening the time.

State jail in Texas has a preponderance of crack addicts, DWIs, etc.

[RebelOne]

65. I am pretty sure Delay won't be seeing the inside of a jail cell. n/t

[Walt Starr]

67. DeLay met with Earle on August 17

That meeting would have been after the statute of limitations on the conspiracy charge had already run out. The events surrounding the money laundering occurred in early 2002 to mid summer 2002.

[Norquist Nemesis]

68. So, bargains and deals and such show more clearly he's a liar

DeLay goes on national TV sneering alliteration for the illiterate ("politics of personal destruction") and proclaiming his innocence. He vows to fight the 'false, baseless' charges. His good friends on the same side of the aisle pledge allegiance to Tom, no doubt getting ready to turn the screws tighter on the Democrat side of the aisle.

But, if he's INNOCENT, why did he make a deal in the first place?

[chaz4jazz]

69. His attorney said -

They waived limits because Ronnie would have immediately indicted him before limits ran out. Make little sense to me. Why (if not plead out) would a "suspect" allow the prosecution more time develop a case? Unless they truly thought that under more scutiny no charges would be filed - at least that is what they want us to believe is the reason for the waiver.

Under a plea, Delay will probably have to name some other people who were involved. That could be really interesting...

...as would a similar plea deal for pigface in the WH

[bob-calhoun]

72. Saving his ass

Look the republicans are like when a bunch of super villains team up to defeat Spider-Man. They can't help but bicker amongst themselves when Spidey turns on the heat. It wouldn't surprise me if DeLay ratted out all of his former friends to save his ass. We can expect that of all of those guys. If Rove ends up ratting out Bush and Cheney, that wouldn't surprise me either.

[Jim Lane]

71. An alternative speculation

I thought a waiver of the statute of limitations could sometimes come about this way: The deadline is approaching and the prosecutor has some evidence but isn't sure there's enough to bring charges. The DA says to the prospective defendant, "I'm under the gun because of the statute of limitations. I'm not going to let this case go just because the time runs out. If I have to make my decision by the end of the month, I'll seek an indictment. On the other hand, if you waive the statute, to give me more time to investigate, the results of that additional investigation might persuade me to drop the case."

In this scenario, the defendant agrees to a waiver in the hope of avoiding any indictment.

Is that a realistic possible explanation for DeLay's waiver?

Thanks for contributing your knowledge of Texas law!

[zonkra]

73. Isn't it interesting

That The Insectoid's attoney is Dick Deguerin, the preferred right-wing whack-job defense attorney of child molesters, body dismemberers, and corrupt Texas Republican Senators?

[Mr_Spock]

74. Resign would be good enough for me

:D