"Prosecutors Want DeLay Charge Reinstated" He's Baaaaaaack!

[in_cog_ni_to]

Prosecutors Want DeLay Charge Reinstated
By KELLEY SHANNON, Associated Press Writer

AUSTIN, Texas - Prosecutors attempting to restore a conspiracy charge against former House Majority Leader Tom DeLay argued Wednesday that the "plain language" of Texas law means he can be charged with conspiring to violate the election code.

But lawyers for DeLay and two co-defendants told the Court of Criminal Appeals the law is clear in their view _ that conspiracy was added to the state election code after prosecutors allege the crime happened.

"Historically, there have been limitations on the use of conspiracy laws," said DeLay's attorney, Dick DeGuerin of Houston.

Travis County District Attorney Ronnie Earle's office is appealing lower court rulings that threw out the charge accusing DeLay and Republican fundraisers Jim Ellis and John Colyandro of conspiring to violate the Texas election code and its ban on corporate campaign contributions.

It could be weeks or months before the appeals court makes a decision.<snip>

http://www.comcast.net/news/politics/index.jsp?cat=POLITICS&fn=/2007/01/24/569786.html

[Lerkfish]

1. I'm no lawyer, but Delay may have a point here.

lawyers and "plain language" are like matter and anti-matter.

[Blackhatjack]

2. When Ambiguity Exists, New Laws Are Passed To Clarify Meaning of Original Law....

... Just because there was a later statute enacted which 'clarified' the scope of the original statute does not mean that a conspiracy charge could not be brought under the original statute.

The 'plain language' argument is one of judicial interpretation. Basically it means that plain language on its face will mean exactly what it says without further clarification.

Where conduct is outlawed by a criminal statute, conspiracy to commit that conduct is always possible.

This is Texas we are looking at, but even there it is possible that the 'plain language' of the charging statute will be upheld and the charges reinstated against Delay.