Texas appeals court upholds dismissal of DeLay charge

[AGENDA21]

HOUSTON (Reuters) - A Texas appeals court on Wednesday upheld a lower court's decision to throw out a conspiracy charge against former U.S. House of Representatives Republican leader Tom DeLay

The Texas Third Court of Appeals said a lower court was correct when it quashed an indictment charging DeLay with conspiracy to violate state election law by allegedly funneling corporate money to Republican candidates for the state Legislature in 2002.

The court said the statute making conspiracy to violate election law a crime was not enacted until a year after DeLay is alleged to have participated in the effort to fund Republican candidates with corporate money.

DeLay said earlier this month he would abandon a re-election bid and resign his House seat this summer, in part because of indictments brought by Travis County District Attorney Ronnie Earle.

http://news.yahoo.com/s/nm/20060419/pl_nm/court_delay_dc

[Stand and Fight]

1. So, he gets off on this charge because...

Because of a frickin technicality? Because he committed the act before it was actually called a crime? Well, surely he continued to act in that manner after the enactment of the law, yes? Anyone know?

[Burning Water]

2. The prohibition

of prosecution of ex post facto laws is hardly a "technicality". If it's not a crime at the time the act is committed, the it shouldn't be prosecuted. Even if the perp is Tom DeLay. Now, if he continued to do so......

[Stand and Fight]

5. Riiiight.

The thing is DID HE CONTINUE TO DO SO? As I indicated in my post.

[Burning Water]

6. Yes, that's the entire point. n/t

[ArbustoBuster]

3. It's in the Constitution.

Article I, Section 9. "No Bill of Attainder or ex post facto Law shall be passed." You're right that if DeLay kept up his activities after the law was passed, however, he could still be charged.

The fact that DeLay resigned, though, probably means that he expects to be found guilty on at least one of the other charges pending against him. So he won't get off scott-free.

[Stand and Fight]

4. Yeah, I know it's in the Constitution...

But we can all be quite positive that DeLay, rat-bastard that he is, continued his activities after the fact. Surely he was planning to do so again this time around.

[Burning Water]

7. We can be

morally certain, but we (or the DA, rather) still have to prove it in Court. I'll be following the trial with interest.