Another "tempast in a teapot" generated by political hatred in the hearts of DEMOCRATS that went so far on the "say so" of a Democrat County Prosecutor to criminally indict TEXAS UNITED STATES CONGRESSMAN TOM DELAY for felony campaign law violations has now been vigorously examined in the judicial system and once more the political hatred of the Democrats has evaporated when the issues were placed on the scale of justice and examined in the spotlight of judicial reason, to wit:
State high court refuses to reinstate DeLay conspiracy charge
06/27/2007
By KELLEY SHANNON / Associated Press
Former House Majority Leader Tom DeLay's criminal case now appears to hinge on two remaining money laundering charges after Texas' highest criminal court refused Wednesday to reinstate a dropped conspiracy charge.
The Texas Court of Criminal Appeals rejected arguments from Travis County prosecutor Ronnie Earle that it had grounds to indict DeLay and two co-defendants on a charge of conspiracy to violate campaign finance laws in 2002 state legislative elections.
A state district judge threw out that charge after defense lawyers argued that the law DeLay is accused of violating in 2002 wasn't written until 2003.
The remaining "charges" of money laundering are the weakest criminal counts lodged against Tom DeLay because pursuant to federal campaign laws, donors are fully authorized to make contributions to the Democrat and Republican National Committees and further, federal campaign laws authorize the Democrat and Republican National Committees to make political contributions, both to state political parties and also to distribute it's political warchest contributions directly to individual state political candidates.
The legal significance of these FEDERAL CAMPAIGN LAWS is founded on the well-settled area of law, to the effect that state laws are unconsitutional when they prohibit what federal laws fully authorize. This legal principle is founded in the "Supremacy Clause" of Article VI, of the US Constituion:
"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding."
Accordingly, it would appear that the surviving "money laundering" allegations of Texas donors making political donations to the Republican National Committee, and the Republican National Committee distributing it's contributions directly to Republican State Legislative candidates in Texas now hangs by the thinist of all threads. Perhaps the remaining "money laundering" felony counts may even be ripe for disposition by summary judgment, under the theory that "no crime was committed" when the federal law is certified to the state criminal court judge presiding at Tom DeLay's "money laundering" trial, thereby placing the issue of whether the State of Texas may constitutionally criminalize what federal law permits? It is very doubtful that the state courts will fail to consider that issue and even a more doubtful consideration, that even if the state courts do uphold the state statute, whether or not federal judges will consider the US Constitution to not be in full force and effect in Texas, or not?
One of the virtues of Blogging, is that current events permits opportunity to share aspects of law with people who have little legal training. It is a slam-dunk surity that the Political Disinformation News Media Propaganda Complex is not very adept at either disclosing the truth or educating the public when it is far easier to use headlines to convict and also to utilze news features and articles to twist and spin in order to mold minds, when they are not busy "burying" news that the News Media Moguls deem to be far too dangerous for common people to learn about.
I wish you well my friends.
The "Utopia-American viewpoint. Good night and good luck.
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Blogs by Paralegal_at_Law:
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| EX-GOP US House Floor Leader TOM DELAY CLEARED of Campaign Law Violations |
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Tunes4u
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Jul 3 @ 1:14PM
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I love it.... 
Doesn't matter to them if you are really guilty.....just destroy the career and the character.....it is criminal if you ask me.
Good stuff.....thanks....
Tunes
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SinCerelyUrs78
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Jul 3 @ 5:23PM
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I don't agree. If he's innocent, sure, but probably not. If he's guilty, he should be punished for it. I think you guys are hoping desperately against hope that he's exonerated, and you villify Democrats for something that is Delay's responsibility.
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Paralegal_at_Law
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Jul 4 @ 2:31PM
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I think you guys are hoping desperately against hope that he's exonerated
Actually it appears that the Texas Court of Criminal Appeals has ALREADY exhonorated TOM DELAY with regard to all of the (false) allegations respecting felony violations of the Texas Election Laws during the 2002 public elections, leaving only the "money laundering" charges where the (elected) Democrat County Prosecutor is alleging that Texas donors made political contributions to the Republican National Committee and that thereafter, the Republican National Committee made political contributions directly to Republican Texas State Legislative candidates. However, one of the reasons these "money laundering" Texas felony charges are deemed to be "weak" is that the (elected) Democrat County Prosecutor DID NOT INDICT the Republican National Committee, and instead was content to just indict US Rep. Tom DeLay and his lawyer associates for fundraising for the Republican National Committee when later, the Republican National Committee, in strict compliance with federal elections laws, made political contributions to Republican Texas State Legislative candidates.
By the way, the DEMOCRATS DO THIS TOO. . .gleaning contributions from the general public to the Democratic National Committee and then distributing contributions to both Democratic State Committees and also individual Democratic State Legislative candidates. During the Clinton Administration, there were articles in the Kansas City Star newspaper about Democrats routinely doing what Tom Delay was indicted in Texas for.
Accordingly, I am NOT hoping against hope that Tom Delay is exhonorated. Now that (except for the weaker "money laundering" charges), Tom Delay has now been given a clean bill of legal health from the highest criminal court in Texas. If the Tom DeLay legal team wins a Motion for Summary Judgement, or is found innocent of the "money laundering" state felony chargesat trial, that instantly a fully exhonorated "The Hammer" Tom Delay is eligible for the GOP nomination for US Senator by moving into any state where a Democrat incument is failing in the popularity polls, or even perhaps, as the GOP Vice Presidential nominee in 2008.
No doubt a fully exhonorated Tom Delay, armed with a huge amount of public sympathy for surviving the vindictive Democratic "hate prosecution" in Texas, with his demonstrated expertise in campaigning, fund raising, and prior vast experience as the Majority Floor Leader of the United States House of Repressentatives would make him a formidable electoral opponent.
Tom Delay may not be quite ready to be lionized as a martyr for enduring his politically motivated ordeal, but much like the wrongfully-accused-of-rape Duke Lacrosse Team once this cloud is removed from over his head, when the people understand how politically motivated this felony arrest is, it just might be part of the resurgent wave that hits the body politic when the Democrats are swept from power by agnry voters and Republicans once more claim control of the House, the Senate and also the White House, in Washington, D.C.
Just like the (elected) Democrat County Prosecutor Nifong who wrongfully prosecuted the Duke Lacrosse Team for a rape that never happened, and then because of his over-zealous prosecutorial misconduct, lost his license to practice law in North Carolina, the (elected) Democrat County Prosecutor who just lost a big one before the highest criminal court in Texas for trying to criminally prosecute Tom Delay for an ex-post facto occurrence, may also be right now in the process of losing his license to practice law in Texas, and for the exact same reason; over-zealous prosecutorial misconduct and political grandstanding within the criminal arena by conducting a baseless witch hunt when very possibly, no crime was ever committed.
I wish you well my friends.
The "Utopia-American viewpoint. Good night and good luck.
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