The Discerning Texan
All that is necessary for evil to triumph, is for good men to do nothing.
-- Edmund Burke
-- Edmund Burke
Tuesday, October 11, 2005
Earle's ship is taking on water....
Tom DeLay's attorney Dick DeGuerin has 12 questions for Ronnie Earle and has issued a subpoena for information related to Earle's mad scramble to "fix" his flawed indictment with three different Grand Jury panels. It could be that the answers to the questions might indeed get Earle into some very very hot water. From Power Line:
Tom DeLay's office has forwarded a copy of the letter attorney Dick DeGuerin sent to prosecutor Ronnie Earle today in connection with the Travis County criminal proceedings involving Delay. The letter formulates 12 questions regarding "the five days of panic" between September 28 and October 3, the relevance of which is explained below. Here is the text of the letter minus DeGuerin's questions for Earle:
This letter is intended as a courtesy to give you fair notice that I have requested subpoenas for you, Rosemary Lehmberg and Rick Reed seeking testimony concerning the events that occurred during the five day period from September 29 to October 3, 2005. The subpoenas seek all documents, notes, telephone records, and other relevant materials that you or your staff may have in your possession relating to the events that transpired during that period.
I am determined to put of record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay during the five day period mentioned above. The first indictment for "conspiracy to violate the Texas Election Code," charged a crime that did not exist in Texas law. I have filed a motion to dismiss the later indictment on the grounds of prosecutorial misconduct and with those subpoenas seek evidence in support of that motion. I will soon file additional motions.
In the meantime, however, it would expedite our inquiry if you would agree to an immediate deposition to answer the questions set out below, and, given the highly public nature of this matter, I believe it would be in the interest of justice.
Since it appears you have already violated the grand jury secrecy laws (by discussing pending grand jury matters with citizens who were no longer serving as grand jurors and by encouraging form Grand Jury Foreman William Gibson to speak to the press) your answers to questions about those conversations are not protected. Foreman William Gibson's extensive public discussion of the case, which he says you approved, has already revealed information about Grand Jurydeliberations. The media has reported several conversations with grand jurors on these matters; thus you should not hide behind the grand jury secrecy law.
***
If you did nothing improper you should not be concerned about answering these questions. I urge you and your staff to cooperate in my effort to quickly and fairly reconstruct the events of the five day period. Eventually, all the information will come out. It always does. In such cases it is always better for public officials to voluntarily disclose, and do it quickly, rather than to be forced to do so by a court of law.
I trust you are aware of the provisions of TEx. CRIM. PROC. CODE ANN. art. 20.02(d) that permit release of grand jury information upon the showing of a particularized need. This letter is attached as an exhibit to our Motion for Disclosure of Grand Jury Information pursuant to Art. 20.02 of the Code of Criminal Procedure...
I also remind you and your staff to preserve all documents and avoid any conversations among yourselves or with the other potential witnesses that might interfere with our quest for the truth. Needless to say, our allegation of prosecutorial misconduct concerns due process and fairness for the accused. I can think of no particularized need that is of more importance in our system of criminal justice. As indicated in the text of the letter, DeGuerin has now filed a motion to quash the original conspiracy indictment on the basis of prosecutorial misconduct. He has also served a subpoena for documents relevant to the issue of prosecutorial misconduct. The AP story covering today's developments is here. Stay tuned.
JOHN adds: Ronnie Earle is a bully who now finds himself in a fair fight. It's fun to watch. From the moment Earle procured the first indictment of Tom DeLay, DeLay's lawyer, Dick DeGuerin, has had him on the defensive. It looks to me as though Earle is now hanging on by his fingernails.
The cover of the current issue of Newsweek headlines an article about purported corruption in the Republican Party, with photos of DeLay and Bill Frist. If, as I expect, the two phony indictments of DeLay are dismissed, it will be interesting to see whether Newsweek puts a smiling Tom DeLay on its cover, with an article about the Majority Leader's vindication.
UPDATE: The AP link above is to a story in the UK Guardian stating the following:
Lawyers for indicted Rep. Tom DeLay on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.
The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.
The lawyers previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, who stepped aside as House majority leader because of the indictment.
Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.
DeGuerin wants Earle to answer 12 questions about conversations he had with grand jurors, including whether the prosecutor became angry when a grand jury decided against an indictment of DeLay and why the decision was not publicly released.
He also wants to know the details of Earle's conversation with William Gibson, foreman of a grand jury that indicted DeLay on conspiracy charges and whose term has since ended.
``If you did nothing improper, you should not be concerned about answering these questions,'' DeGuerin said in his letter to Earle.
Earle, leading a Texas campaign finance investigation that indicted DeLay and two political associates, went to three grand juries. He presented evidence on DeLay's alleged role in funneling corporate money to Texas legislative candidates in violation of state law.
The first grand jury indicted DeLay on conspiracy charges, the second failed to indict and the third indicted him on an allegation of money laundering. DeLay has said he is innocent of wrongdoing.
DeLay has accused Earle - a Democrat - of pursuing the case against him for political reasons. Earle has denied any political motives.
In a motion filed last week, the defense team said that from Sept. 29 through Oct. 3, Earle and his staff ``unlawfully participated in grand jury deliberations and attempted to browbeat and coerce'' the grand jury that refused to indict DeLay.
The motion said Earle then attempted to cover up and delay public disclosure of the refusal, and also ``incited'' the foreman of the first grand jury to violate grand jury secrecy by talking publicly about the case - in an effort to influence grand jurors still sitting.
The lawyers said Earle then spoke about the case with members of the first grand jury, whose work was finished, to get their opinion of what they might have done if they had known their conspiracy indictment was flawed - as defense attorneys alleged.
Earle then submitted the grand jury opinions to the third grand jury to persuade it to hand down the money laundering indictment, the defense team contended.
The indictments against DeLay triggered a House Republican rule that forced him to step aside - at least temporarily - from his post as majority leader.
Both indictments of DeLay focused on an alleged scheme to move money around and conceal the use of corporate contributions to support Texas Republican legislative candidates. State law prohibits use of corporate donations to support or oppose state candidates, allowing the money to go only for administrative expenses.
DeGuerin is asking for all documents, notes, telephone records and other relevant materials from Earle's staff.
``I am determined to put on record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay,'' DeGuerin said in a letter to the prosecutor.
Tom DeLay's office has forwarded a copy of the letter attorney Dick DeGuerin sent to prosecutor Ronnie Earle today in connection with the Travis County criminal proceedings involving Delay. The letter formulates 12 questions regarding "the five days of panic" between September 28 and October 3, the relevance of which is explained below. Here is the text of the letter minus DeGuerin's questions for Earle:
This letter is intended as a courtesy to give you fair notice that I have requested subpoenas for you, Rosemary Lehmberg and Rick Reed seeking testimony concerning the events that occurred during the five day period from September 29 to October 3, 2005. The subpoenas seek all documents, notes, telephone records, and other relevant materials that you or your staff may have in your possession relating to the events that transpired during that period.
I am determined to put of record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay during the five day period mentioned above. The first indictment for "conspiracy to violate the Texas Election Code," charged a crime that did not exist in Texas law. I have filed a motion to dismiss the later indictment on the grounds of prosecutorial misconduct and with those subpoenas seek evidence in support of that motion. I will soon file additional motions.
In the meantime, however, it would expedite our inquiry if you would agree to an immediate deposition to answer the questions set out below, and, given the highly public nature of this matter, I believe it would be in the interest of justice.
Since it appears you have already violated the grand jury secrecy laws (by discussing pending grand jury matters with citizens who were no longer serving as grand jurors and by encouraging form Grand Jury Foreman William Gibson to speak to the press) your answers to questions about those conversations are not protected. Foreman William Gibson's extensive public discussion of the case, which he says you approved, has already revealed information about Grand Jurydeliberations. The media has reported several conversations with grand jurors on these matters; thus you should not hide behind the grand jury secrecy law.
***
If you did nothing improper you should not be concerned about answering these questions. I urge you and your staff to cooperate in my effort to quickly and fairly reconstruct the events of the five day period. Eventually, all the information will come out. It always does. In such cases it is always better for public officials to voluntarily disclose, and do it quickly, rather than to be forced to do so by a court of law.
I trust you are aware of the provisions of TEx. CRIM. PROC. CODE ANN. art. 20.02(d) that permit release of grand jury information upon the showing of a particularized need. This letter is attached as an exhibit to our Motion for Disclosure of Grand Jury Information pursuant to Art. 20.02 of the Code of Criminal Procedure...
I also remind you and your staff to preserve all documents and avoid any conversations among yourselves or with the other potential witnesses that might interfere with our quest for the truth. Needless to say, our allegation of prosecutorial misconduct concerns due process and fairness for the accused. I can think of no particularized need that is of more importance in our system of criminal justice. As indicated in the text of the letter, DeGuerin has now filed a motion to quash the original conspiracy indictment on the basis of prosecutorial misconduct. He has also served a subpoena for documents relevant to the issue of prosecutorial misconduct. The AP story covering today's developments is here. Stay tuned.
JOHN adds: Ronnie Earle is a bully who now finds himself in a fair fight. It's fun to watch. From the moment Earle procured the first indictment of Tom DeLay, DeLay's lawyer, Dick DeGuerin, has had him on the defensive. It looks to me as though Earle is now hanging on by his fingernails.
The cover of the current issue of Newsweek headlines an article about purported corruption in the Republican Party, with photos of DeLay and Bill Frist. If, as I expect, the two phony indictments of DeLay are dismissed, it will be interesting to see whether Newsweek puts a smiling Tom DeLay on its cover, with an article about the Majority Leader's vindication.
UPDATE: The AP link above is to a story in the UK Guardian stating the following:
Lawyers for indicted Rep. Tom DeLay on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.
The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.
The lawyers previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, who stepped aside as House majority leader because of the indictment.
Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.
DeGuerin wants Earle to answer 12 questions about conversations he had with grand jurors, including whether the prosecutor became angry when a grand jury decided against an indictment of DeLay and why the decision was not publicly released.
He also wants to know the details of Earle's conversation with William Gibson, foreman of a grand jury that indicted DeLay on conspiracy charges and whose term has since ended.
``If you did nothing improper, you should not be concerned about answering these questions,'' DeGuerin said in his letter to Earle.
Earle, leading a Texas campaign finance investigation that indicted DeLay and two political associates, went to three grand juries. He presented evidence on DeLay's alleged role in funneling corporate money to Texas legislative candidates in violation of state law.
The first grand jury indicted DeLay on conspiracy charges, the second failed to indict and the third indicted him on an allegation of money laundering. DeLay has said he is innocent of wrongdoing.
DeLay has accused Earle - a Democrat - of pursuing the case against him for political reasons. Earle has denied any political motives.
In a motion filed last week, the defense team said that from Sept. 29 through Oct. 3, Earle and his staff ``unlawfully participated in grand jury deliberations and attempted to browbeat and coerce'' the grand jury that refused to indict DeLay.
The motion said Earle then attempted to cover up and delay public disclosure of the refusal, and also ``incited'' the foreman of the first grand jury to violate grand jury secrecy by talking publicly about the case - in an effort to influence grand jurors still sitting.
The lawyers said Earle then spoke about the case with members of the first grand jury, whose work was finished, to get their opinion of what they might have done if they had known their conspiracy indictment was flawed - as defense attorneys alleged.
Earle then submitted the grand jury opinions to the third grand jury to persuade it to hand down the money laundering indictment, the defense team contended.
The indictments against DeLay triggered a House Republican rule that forced him to step aside - at least temporarily - from his post as majority leader.
Both indictments of DeLay focused on an alleged scheme to move money around and conceal the use of corporate contributions to support Texas Republican legislative candidates. State law prohibits use of corporate donations to support or oppose state candidates, allowing the money to go only for administrative expenses.
DeGuerin is asking for all documents, notes, telephone records and other relevant materials from Earle's staff.
``I am determined to put on record the steps taken by you and your staff to obtain a replacement indictment against my client, Tom DeLay,'' DeGuerin said in a letter to the prosecutor.
