COMMENT: DeLay's Last Best Hopes are Slim and None By Ken Molberg
by DallasBlog.com
Fri, Dec 9, 2005, 11:00 AM
There’s interesting news on the Tom DeLay front. This is something I was informed of earlier by e-mail but could not independently verify. I see that the Houston Chronicle is now reporting it. State Dist. Judge Pat Priest has informed the parties via letter that he is unlikely to grant DeLay’s request to sever and thus separately try the money laundering and conspiracy charges against him. DeLay hoped a quick trial and acquittal on the former would make a conviction on the conspiracy claim unlikely, if not legally moot.
The judge has also indicated that he will not allow DeLay to stand trial apart from his co-defendants, Jim Ellis and John Cloyandro. Looming in the background is Ronnie Earle’s possible appeal of the dismissal of the other conspiracy charge against DeLay, at which point Earle could request a stay of all proceedings until the appeal is determined.
And the judge’s words, that he is favorably disposed to a trial date “early next year,” must provide little comfort to DeLay, who is trying to conclude everything by the first three weeks in January.
This, of course, seriously complicates DeLay’s return to his leadership position, even though Speaker Hastert has indicated he will take the unusual (and politically detrimental) step of not gaveling the House back into action until January 31—a full two weeks after the Senate opens—in order to buy DeLay time to win acquittal and return to the Majority Leader role. The judge’s letter will also encourage the restlessness and anxiety that is brewing among many Republican House members, reports of which are now starting to surface in the press and will surface more so now.
What’s DeLay’s last hope? That Judge Priest will sustain DeLay’s prosecutorial misconduct claim. Not likely, I think. Looks like check out time is nearing.