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September 28, 2005

DeLay Will Plead Guilty

You heard it here first: Tom DeLay will plead guilty to one count of criminal conspiracy in Texas.

The House Speaker was indicted by a Texas grand jury today. He is charged with conspiracy to violate campaing financing laws. Two political associates of DeLay's were also indicted.

A spokesman for DeLay was quick to blame partisan politics for DeLay's newfound status as defendant. "They could not get Tom DeLay at the polls. They could not get Mr. DeLay on the House floor. Now they're trying to get him into the courtroom," huffed Kevin Madden, a DeLay mouth-for hire.

Let's be real. Only Tom got Tom. He is no victim of a conspiracy. He is accused of taking corporate cash, laundering it through the Republican National Committee, and then having it distributed to Texas Republicans in violation of Texas law. Sooooooee, said Tommy.

So why am I so sure he'll plead? A line in the indictment notes that his lawyer waived the statute of limitations on the conspiracy charge during grand jury proceedings. Why would a competent lawyer waive a complete defense? Because worse was on the way if he did not.

Initiates know the practice as charge-bargaining. You see a funnel cloud barreling at you and you ask your local prosecutor, quietly, "on what charges are you willing to take my client if he pleads?" I suspect DeLay will enter a plea late in the year.

DeLay gets time to step aside. House Republicans get a chance to regroup and spin the cancer out of their midst.

I wonder if Karl Rove will offer Delay a job supervising intelligence operations. A hatchet like Tom's is hard to find.

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Listed below are links to weblogs that reference DeLay Will Plead Guilty:

» Tom Delay indictment: charge bargaining in the fine print? from Brain Shavings
Norm Pattis at Crime & Federalism thinks House Majority Leader Tom Delay will plead guilty to the conspiracy charge filed against him today: So why am I so sure he'll... [Read More]

» Tom Delay indictment: charge bargaining in the fine print? from Brain Shavings
Norm Pattis at Crime & Federalism thinks House Majority Leader Tom Delay will plead guilty to the conspiracy charge filed against him today: So why am I so sure he'll... [Read More]

» Why Did Tom Delay Waive the Statute of Limitations?: from The Volokh Conspiracy
One puzzling aspect of Tom DeLay's indictment is that DeLay agreed to waive the statute of limitations applicable to the alleged offense. For the non-lawyers out there... [Read More]

» Why Did Tom Delay Waive the Statute of Limitations?: from The Volokh Conspiracy
One puzzling aspect of Tom DeLay's indictment is that DeLay agreed to waive the statute of limitations applicable to the alleged offense. For the non-lawyers out there... [Read More]

» Why did Tom DeLay waive the statute of limitations? from Inside Opinions: Legal Blogs
Upon hearing the news that Sen. Majority Leader Tom DeLay was indicted, Norm Pattis both asked -- and answered -- why DeLay waived the statute of limitations. Pattis writes: You heard it here first: Tom DeLay will plead guilty to [Read More]

» Houston's Kirkendall on DeLay's indictment: "Weak" from Inside Opinions: Legal Blogs
My e-mail account has received a steady stream of links from a number of you about the indictment of House Majority Leader Tom Delay, R-Texas, particularly in response to Norm Pattis' post about charge-bargaining. One such link is a post [Read More]

» Tom Delay's Explanation from The Rail
I believe that this waiver was the result of tough negotiations involving very skilled lawyers and experienced prosecutors. It was a negotiation that benefited BOTH parties. Ronnie Earle got an indictment of Tom Delay that was not cluttered by the deba... [Read More]

» The second DeLay indictment from Resonant Information
On Monday, Tom DeLay was issued a second indictment (PDF copy courtesy of the Jurist), this time for money laundering and conspiracy to commit money laundering (the first was for conspiracy to circumvent Texas campaign finance laws). The maximum penalty [Read More]

Comments

I hear there's an opening at FEMA. No experience required.

How do I love thee. You made my date with this faboo post. Oh to dream the impossible dream that Tommy might be purged.

His lawyer may have had that in mind, but as we all know, clients do not always adhere to our wise counsel.

I mean, did you hear DeLay blasting the indictment as "one of those most baseless in the history of America"? WTF?

A criminal defense attorney colleague of mine comments: "It's not uncommon for a defense lawyer to waive the S/L in order to gain more time to try to convince the prosecutor not to file charges. I think that's all that happened here."

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