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DeLay Alleges Misconduct, Moves to Dismiss

Tom DeLay has moved to dismiss the Indictments against him on grounds of misconduct by prosecutor Ronnie Earle:

DeLay's attorney, Dick DeGuerin, alleged in a court motion that Travis County District Attorney Ronnie Earle unlawfully participated in grand jury deliberations when he went to a second grand jury last week to seek a second indictment against the congressman.

DeGuerin also alleged that Earle "attempted to browbeat and coerce" the second grand jury to change its decision not to indict DeLay so there would be no public record of a rejection. DeGuerin said the indictment forced DeLay to step down from his job as majority leader, the No. 2 position in the U.S. House, for a crime that did not exist in Texas law.

It's pretty amazing that Texas doesn't have a law gagging grand jurors until after the case is over.

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    Re: DeLay Alleges Misconduct, Moves to Dismiss (none / 0) (#1)
    by cpinva on Sat Dec 17, 2005 at 01:04:47 PM EST
    absent a showing that mr. earle threatened members of the grand jury, what are the odds that any judge is going to quash the indictment? my guess: slim to none, and none just left town. as i understand it (i am not a lawyer, nor do i play one on tv), grand juries are basically creatures of the prosecutor, and that ham sandwich will actually have to show up in court. take this for what it is: grandstanding by delay.

    Re: DeLay Alleges Misconduct, Moves to Dismiss (none / 0) (#2)
    by roger on Sat Dec 17, 2005 at 01:04:47 PM EST
    Sounds like this is for PR purposes only. Very low chance of success