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DeLay Arraignment Set for Late October

By Jeralyn, Section Tom DeLay
Posted on Thu Sep 29, 2005 at 01:45:25 PM EST
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Tom DeLay's arraignment has been set for October 21. A poster at Daily Kos speculates he already has a plea bargain and will plead no contest. He bases this on the Indictment which mentions DeLay's waiver of the statute of limitations (which I referenced in the comments section here) and his having gone in for talks with prosecutors ( discussed here.)

I doubt it. First of all, I don't think Dick DeGuerin was representing DeLay at the time he waived the statute of limitations or when he went in for talks, and that his prior (or newly subjugated) counsel arranged both. This article says DeGuerin only recently has become involved in the case.

DeLay may have believed he could talk himself out of an Indictment, and his white collar defense lawyers arranged for the opportunity. Has nobody learned anything from Martha Stewart? Jails are filled with people who thought if only they could explain themselves, the cops and prosectuors would see it their way.

I surmise that DeGuerin was brought in when it became clear to DeLay's other lawyers there was no way out of an Indictment and no acceptable bargain. (Or, they may have had DeGuerin in "standby mode" in case that occurred.) I think DeLay will fight this case until Earle either gives up like he did with Kay Bailey Hutchison or makes a misdemeanor offer with no jail that he can't afford to turn down.

< DeLay's Indictment: The Perfect Storm? | Update: Dale Helmig's Conviction Overturned >

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    DeLay Arraignment Set for Late October | 7 comments (7 topical)
    Re: DeLay Arraignment Set for Late October (none / 0) (#6)
    by Sailor on Sat Dec 17, 2005 at 01:04:28 PM EST
    Uhhh, has anyone else here heard of a person charged with a felony that gets to wait for over a month before they are arraigned!? TL, I appreciate how much you appreciate defense lawyers, but what indicted person gets to set their own arraignment date? What happened to the 'perp walk' for major crimes? If I get charged with a MISDEMEANOR, I'm cuffed and taken away. My lawyer doesn't get a chance to surrender me, my lawyer has nothing to say in the matter. As a matter of fact, I (or anyone) don't even have to be charged with a crime, they can just (as TL puts it) catch and release. Just because I haven't extorted and laundered millions of dollars shouldn't mean I have fewer rights. And TL, I ashamed of you that you think differently.

    Re: DeLay Arraignment Set for Late October (none / 0) (#7)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:28 PM EST
    Sailor, arraignment dates are usually picked with a lawyer's calendar. This case is in Texas state court, not federal court. A month is not a huge deal. He was issued a summons - thus there is no arrest, no bond and no perp walk. He has the prosecutor to thank for that, I suspect.

    Re: DeLay Arraignment Set for Late October (none / 0) (#1)
    by roger on Sat Dec 17, 2005 at 01:04:29 PM EST
    Sounds like civil lawyers playing crim law. Things could go badly for Delay if that's the case

    Re: DeLay Arraignment Set for Late October (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:04:29 PM EST
    Considering DeGuerin's appearence on Nightline last night, fighting the charges is most likely, it seems to me. Not being a lawyer, just someone with a deep interest, it was an interesting interview. DeGuerin stipulated to the Corporate donations and the forwarding of said donations to the RNC. He maintained that TRMPAC kept seperate accounts with firewalls between them. His last argument was the check back from the RNC was not the corporate money. This strikes me as an intriguing argument, because even if the prosecutor can make a circumstantial case about the check from the RNC, this argument undermines requisite intent for a conspiracy charge. At least that's what I got from the interview.

    Re: DeLay Arraignment Set for Late October (none / 0) (#3)
    by Patriot Daily on Sat Dec 17, 2005 at 01:04:29 PM EST
    Saw an interview with his present lawyer, I believe, who stated that the waiver was essentially the lesser of 2 evils. Prosecutor basically stated that DeLay should execute the waiver, or he would be immediately prosecuted within the limitations period. DeLay also has been making arrangements for this indictment for a long time. First, by insisting that Congress not kick him out of office if there were an indictment, which happened before the action was reversed. And,second, talks about his replacement occurred some time ago. So, it sounds like DeLay wanted to delay the indictment!

    Re: DeLay Arraignment Set for Late October (none / 0) (#4)
    by Che's Lounge on Sat Dec 17, 2005 at 01:04:30 PM EST
    TL, Are you saying that, prior to Deguerin-not degeurin, Delay never received legal advice about the SOL? And if he did, was it sound legal advice?

    Re: DeLay Arraignment Set for Late October (none / 0) (#5)
    by Che's Lounge on Sat Dec 17, 2005 at 01:04:31 PM EST
    Sorry I missed your reference to his prior legal advice. But I'm curious about your take on that advice.

    DeLay Arraignment Set for Late October | 7 comments (7 topical)