Going back to bed the reason why I was able to post is because my sleeping schudule had been messed up. I'm trying to shock it back to normal. Keep track of what happens with the Delay trail today.
http://www.chron.com/disp/story.mpl/politics/3476706.html
DeLay's defense to argue today for dismissal
AUSTIN - U.S. Rep. Tom DeLay's hearing in criminal court today will focus on legal arguments on whether the indictments against him should be dismissed.
Senior Judge Pat Priest has told lawyers in the case that he wants no witnesses at the hearing. Expectations are high among the lawyers that Priest — author of the 1998 book Texas Courtroom Criminal Evidence — will rule from the bench on whether the case should go to trial or be tossed out.
"All reports on him say he makes up his mind pretty rapidly, so he may very well rule from the bench," said DeLay's attorney, Dick DeGuerin of Houston.
DeLay, R-Sugar Land, is facing two indictments that accuse him of conspiracy to violate state election laws, money laundering and conspiracy to commit money laundering. He is facing the charges with two political associates: Jim Ellis and John Colyandro.
Point, counterpoint
DeGuerin said he is confident Priest will agree with lawyers for the defendants that the indictments should be dismissed.
Travis County District Attorney Ronnie Earle on Monday filed a 64-page legal brief on why Priest should uphold the indictments.
"I fully expect Ronnie Earle to appeal if we win," DeGuerin said. "If we lose, we're going to ask for a speedy trial. We're not going to appeal, because we've got to get it over with."
DeLay had to step down as U.S. House majority leader when the first indictment was returned against him on Sept. 28. He can only regain the post if the indictments against him are dismissed or if he wins an acquittal at trial.
DeGuerin said Priest could find a legal fault with the indictment that does not clearly end the case. He said Earle could amend the indictment within 10 days or reindict the case.
Can work during appeal
DeGuerin said DeLay wants a ruling dismissing the indictment and discharging DeLay. He said Earle could appeal that ruling, but while the case is on appeal DeLay will not be under indictment. "If he's not under indictment, that means he can go back to Congress and say, 'See, I told you this was all political,' " DeGuerin said.
Earle has not been commenting on the case since DeGuerin filed a motion to move the trial out of Travis County, a Democratic stronghold.
The case involves corporate money raised and spent in the 2002 Texas House elections by the DeLay-founded Texans for a Republican Majority, TRMPAC. Texas law restricts the use of corporate money in campaigns for elective office.
In one instance, TRMPAC donated $190,000 to the Republican National Committee shortly before the RNC donated $190,000 in unrestricted individual donations to seven Texas House candidates.
The indictments allege the contributions were part of a scheme to circumvent Texas election law. DeLay and the other defendants say there was no exchange of money.
