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What Could Sink DeLay?

What's going to become of Tom DeLay? Down in Texas, Travis County prosecutor Ronnie Earle has indicted the House Majority Leader on charges of conspiracy to violate campaign-finance laws, money laundering, and conspiracy to launder money. Yesterday, DeLay hit back, accusing Earle of accepting union and law firm donations, but as Josh Marshall reports, those charges are mostly bogus—Earle's contributions were not at all illegal. Regardless, DeLay could very well squirm his way out of the Texas charges, which ultimately amount to violating a campaign-finance technicality (that doesn't make it right, of course). It's not impossible, although this bit of news doesn't look good for him.

But even if he was acquitted in Texas, would DeLay be in the clear? Hardly. In the New Republic this week, Michael Crowley discusses what DeLay should really be worrying about, and it involves his little junkets to Scotland allegedly financed by Jack Abramoff:

Most devastating for DeLay would be if the government could prove bribery: a direct quid pro quo in which DeLay carried legislative water for Abramoff in return for a junket. Given that DeLay and Abramoff were longtime personal friends and political allies, however, isolating specific favor-trading beyond the two men's symbiotic relationship won't be easy. But, even without proof of such a clear transaction, DeLay could be vulnerable to prosecution under what is known as federal "gratuity law," which requires a lower standard of evidence for conviction but still brings a penalty of up to two years in prison. (Bribery can bring a 15-year sentence.) "Federal gratuity law is extraordinarily broad," says former federal prosecutor Seth Rodner of the Tampa-based firm Fowler White Boggs Banker.

A gratuity-law prosecution might only require the government to show that Abramoff had some business interest in which DeLay was in a position to help. The feds would not need smoking-gun proof like, say, an e-mail from DeLay promising a House vote in exchange for a golf trip. For instance, in a 2001 case involving corruption by a Florida housing official, the Justice Department argued that, if an official accepted a gift from someone with an identifiable business interest, "the jury is free to find that a criminal violation occurred, even with no evidence of wrongdoing, inflated contract prices or other suspect dealings." Two of the three defendants were convicted. At the time of DeLay's British junket, Abramoff had countless business interests before DeLay's House, from bills that might regulate his gambling clients to proposed labor laws threatening his sweatshop patrons in the Pacific Marianas Islands. In that context, the 2000 British golf trip alone could be grounds for gratuity charges against DeLay.

It looks like the House leadership is a little less sanguine about this particular business, given that Roy Blunt—who by all accounts is a mini-DeLay himself—has already started maneuvering for the House leadership position. DeLay behind bars for two years? It's a strong possibility.

Posted by Bradford Plumer on 10/07/05 at 11:43 AM | E-mail | Print | Digg this | de.licio.us

Comments

We have sent letters and one of our members subscribes to Mother Jones===why is media treating Roy D. Blunt with kid gloves?

Dear Editor:

I live in Wisconsin, and have been closely following
how the 7th District’s U.S. Congressman, interim
Majority Leader Roy Blunt, was recently named one of
the nation’s 13 most corrupt politicians. As the
replacement for Tom Delay, Congressman Blunt has tried
to gut the federal budget with cuts to Medicaid,
federal student loans, and food stamps, while
endorsing tax breaks for the wealthy. Blunt follows
Bush’s destructive programs lock-stock-and-barrel, and
these actions affect Americans in all fifty states.

It seems Missouri – and our U.S. Congress – could use
a change, and Jim Kreider may be the one to show
Congressman Blunt the door. Kreider, a lifelong
farmer and former Democratic state house speaker, is
well-liked in Southwest Missouri. With the proper
funding from national Democrats, a Kreider/Blunt
showdown could become competitive.

You can learn more at: www.draftkreideruscongress.org

Only 38% of Americans approve of Congressional
Republicans. Blunt’s most recent scandal involves
shady casino dealings with lobbyist Jack Abramoff. We
need people who are down-to-earth and know how to work
with both sides for results, and Kreider has such a
reputation. This race would have national
implications, and the Democratic Party would be wise
to invest in Jim Kreider.

Tony Eichberger
Black River Falls, Wisconsin

Phone: 1-715-284-9784
Email: eichbear@uwec.edu

Posted by: Tony Eichberger on 11/27/05 at 6:13 PM

BREAKING NEWS---Draft Kreider Hammers Out Challenge
For Immediate Release---For Worldwide Release per internet
Contact: Steven Reed 417-866-4453 citizensforkreider@hotmail.com
Deborah Yeoman 417-865-1711 mswebdeb@yahoo.com

Dallas County Democrat Central Committee has contributed $100 to the Draft Kreider committee and now the Phelps Democratic Central Committee has also just sent $100. “Clearly these two progressive Democrat committees from across Missouri understand the importance of getting Jim Kreider to run for United States Congress. They understand this race has not only Missouri, but National race written all over it!”---says Steven Lloyd Reed of Springfield. “I would like to point out that Phelps county is in central Missouri, Dallas county is in southwest Missouri but it is outside of the 7th Congressional District. This clearly shows that these counties understand the magnitude of this race,” according to Team Captain Coordinator Deborah Yeoman of Springfield.

THE CHALLENGE---The Draft Kreider Committee hereby issues a CHALLENGE to all of Missouri 118 County Democratic committees to meet the $100 benchmark. It is time for the counties and the State Party ran by Roger Wilson to understand how serious this effort is and how many lives that could be effected. It is time to step up to the plate and move this state forward.

“I called all the County Chairs last December and January and they all said that southwest Missouri is hurting the whole state effort to elect Democrats,” according to Reed. Clearly having Jim Kreider who is even liked by Republicans on the ballot in southwest Missouri would cause a higher vote turn out which will help win the Statewide Auditor and United States Senate seat in 2006 and help get the area and state organized for the Governor’s and Presidential race in 2008.

Kansas City and Saint Louis which point southwest when they talk about losing state elections need to jump into this effort right away. Reed saw Jim Kreider while each had a family member in the hospital last month and Jim Kreider said he will see how it all stacks up! Under federal law we can not plan a campaign but a draft committee can talk to the possible candidate about trying to persuade them.

Ian Stirton, a spokesman for the FEC, said there isn’t a ban against members of a political committee meeting and talking with a possible candidate. But a possible candidate shouldn’t talk strategy with such a committee because that could be interpreted as the possible candidate authorizing the drafting effort. In that case, the possible candidate would be acknowledging that he is a candidate and would have to file papers with the commission, Stirton said.

We have created the largest Draft campaign for a Congressperson effort in the history of the United States of America. We have had no Press or Media stories, but what it does show is we do not need the permission of the Press. The people are crying out for change in this country and we are on the move trying to make that happen says Team Captain Coordinator Deborah Yeoman of Springfield. www.draftkreideruscongress.org

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Posted by: Deborah Yeoman on 12/28/05 at 10:41 AM