Tom Delay files wrongful prosecution lawsuit agains Earle

[Walt Starr]

Big Ed Shultz just passed it along, looking for a link...

[LisaM]

1. What a jerk.

What a coward.

[me b zola]

2. CNN reported it as breaking news

These clowns really believe that they are untouchable.

[IntravenousDemilo]

3. Fat lot of good it will do him. nm

[texpatriot2004]

4. I really don't think he should keep toying with Earle. Is he just

trying to piss Earle off?

[Hobarticus]

5. If one can indict a ham sandwich, why the counter-offensive, Tom?

If you've done nothing illegal, why the fuss?

Deny, deflect, make counter-accusations.

[Fleshdancer]

6. $10 says Earle is laughing his ass off over this.

What's next? Audit every member of the Grand Jury? If this isn't proof that Delay is scared sh*tless, then I don't know what is.

He's past the denial phase and now he's moving into the anger phase. When other Republicans start publicly distancing themselves from him, he's going to lash out at everyone.

[Syncronaut Seven]

7. I believe you actually have to be prosecuted to alledge

wrongfull prosecution, otherwise it just looks like raw intimidation.

No one likes a bully Tom. Stand up and take it like a man, What, no faith? how sad.

[Bernardo de La Paz]

8. This kind of full court press defense is indicative of fear.

[XOKCowboy]

9. Aren't you supposed to file that kind of suit AFTER...

your trial? If he's innocent then he has nothing to fear from a trial, right?

Glad to see he's running so scared. It's a good sign.

[SalmonChantedEvening]

10. Wholly Without Merit anyone? n/t

[spanone]

11. We'll see if it's wrongful, along with the Texas GRAND JURY.

[aint_no_life_nowhere]

12. Texas has the doctrine of "prosecutorial immunity"

barring suits for malicious prosecution by individuals accused of crimes as long as the prosecutor was performing within the normal scope of his prosecutorial functions. I also believe that the tort requires that the prosecution have been initiated without probable cause. The Grand Jury's findings in favor of indictment would probably protect Earle from this in any event and constitute probable cause per se.

According to the Court in the case of WalMart v. Cruikshank:

"There are seven elements of a malicious prosecution claim in Texas: (1) the commencement of a criminal prosecution against the plaintiff; (2) initiation or procurement of the prosecution by the defendant; (3) termination of the prosecution in the plaintiff's favor; (4) the plaintiff's innocence; (5) the lack of probable cause for the proceedings; (6) malice in filing the charge; and (7) damage suffered by the plaintiff. Richey v. Brookshire Grocery Co., 952 S.W.2d 515, 517 (Tex. 1997). ..."

[Geoff R. Casavant]

17. Then this suit is by definition frivolous

Look at element (3) -- termination of the prosecution in the paintiff's favor; in other words, either an acquittal or a dismissal, neither of which has occurred at this time, and whatever half-assed attorney filed this on DeLay's behalf should know this.

[DoYouEverWonder]

13. Repugs just love frivolous lawsuits

They will try every trick in the book to tie a case up in court for years, until the other party gives up. This is why Bush is so desperate to stack the Supreme Court with loyalists. They will need favorable decisions when their cases finally get there.

[texpatriot2004]

14. Don't they though. n/t

[never_get_over_it]

15. Jesus DeLay

is really a dumb fuck....glad he's doing this because maybe Earle will just hand him a couple of more indictments.....bring it on Tommy boy!

[Proud2BAmurkin]

16. That sounds like obstruction of justice nt

.

[paineinthearse]

18. The usual rethug strategy

The best defense is a good offense.