Yes, We Know That Hammer And Slammer Rhyme

John Hudson at The Atlantic with the round-up:

In a long fall from grace, former House Majority Leader Tom DeLay was sentenced to three years in prison for “conspiring to direct laundered corporate money” to seven state house candidates in 2002. In his prime, DeLay was one of the most powerful men in Congress, holding the second highest spot in the House of Representatives. “What we feel is that justice was served,” said lead prosecutor Gary Cobb in the aftermath of the ruling. Meanwhile, DeLay firmly maintained his innocence. “I can’t be remorseful for something I don’t think I did,” he said. He promised to appeal the ruling. Did the former House majority leader get off easy?

Jen Doll at The Village Voice:

DeLay was taken into custody, but will be released on a $10,000 bond pending appeal after he’s processed, which means he could remain free for months or years as his appeal goes through.

National Review:

The man who should be on trial in Texas is Ronnie Earle, the unethical Travis County prosecutor who went after DeLay as part of a political vendetta fueled by his bizarre belief that business owners’ political activities are “every bit as insidious as terrorism.” (Tell that to the almost 3,000 Americans who were murdered on 9/11.) How do we know Earle believes that? Because he had a documentary film crew follow him around as he pursued the indictment of DeLay, producing a film called The Big Buy that Earle used to try to win higher office in Texas. He used the same unprofessional and unethical tactics to prosecute Sen. Kay Bailey Hutchison (her case was thrown out by a judge) and former Texas attorney general Jim Mattox, who was acquitted and won reelection.

This was a phony prosecution from the very beginning. It took Earle three separate attempts before he could get a case that a grand jury or a judge would not throw out. Then he got DeLay indicted for behavior that was perfectly legitimate under campaign-finance laws, identical to the kind of fundraising done by practically every campaign committee and candidate in the country.

DeLay solicited $155,000 in contributions for a political-action committee he headed and contributed $190,000 to the Republican National State Election Committee (RNSEC); the RNSEC then contributed $877,000 to 42 state and local candidates in Texas in the final two months of the 2002 campaign, including seven recommended by DeLay. For this routine act of campaign financing, DeLay was charged with and convicted of criminal money laundering, a crime defined by knowingly using the proceeds of criminal activity. Since these contributions were all legal, the most basic element of this supposed crime could not be met; nonetheless, Earle drove the case forward in one of the most outrageous prosecutorial abuses of criminal law that we have seen in decades. Meanwhile Earle indicted a number of companies, including Sears, that had made perfectly legal contributions to DeLay’s PAC, and then sold those companies dismissals in exchange for donations to one of his favorite charities.

Government prosecutors have a duty and an obligation to enforce the law judiciously and fairly. The power they are given by society is immense, and so is the damage they can do when they abuse that power. Ronnie Earle has showed in case after case that he is a self-serving ideologue, a crass opportunist who uses his power as a prosecutor to pursue his own political and ideological agenda.

Jonathan Chait at TNR:

I bet he comes out of this advocating prison reform. It’s a cause that badly needs more high-profile conservative advocates.

David Frum at FrumForum:

I won’t pretend to any expertise on this question but … Doesn’t Citizens United raise at least some question about the campaign finance laws on which Tom DeLay was convicted? Seems an obvious challenge on appeal and at the Supreme Court. What do readers think?

David Dayen at Firedoglake:

He spoke to the court prior to sentencing, saying “I fought the fight. I ran the race. I kept the faith.” Former Speaker Denny Hastert also testified as a character witness on behalf of DeLay. Prosecutors showed a tape in court of DeLay’s comments after conviction, when he said, “Maybe we can get it before people who understand the law.”

I’d expect an appeal, so whether or not DeLay sees jail time right away depends on the judge’s decision to allow his release on bond.

Brian Doherty at Reason:

Undoubtedly DeLay as a former leading congressman is a criminal. Whether this particular interpretation of a law blocking free support and expression in politics is a proper bludgeon, I’d say no.

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