Thomas D. DeLay: Complaints, Investigation & Indictments

Thomas D. "Tom" DeLay (R-Texas), who has served as Majority Leader in the U.S. House of Representatives since 2002, and "two political associates" were first indicted September 28, 2005, by the Travis County, Texas, Grand Jury, all three charged with "conspiracy in a campaign finance scheme." DeLay was forced to step down and "temporarily relinquish his post." 

First Grand Jury, First Indictment
The Grand Jury, which had been investigating Tom DeLay's state political organization, was completing its term September 28, 2005, "after demonstrating a recent interest in conspiracy charges that could bring more indictments," the Associated Press's Larry Margasak reported.

"Three of DeLay's political associates, the PAC itself, several corporate donors and a Texas business organization have been indicted," while DeLay had not been, Margasak wrote. In an "expanded indictment of two of DeLay political associates, [they] were accused of conspiring to violate the state election code by using corporate donations for illegal purposes."

"The indictment specifically alleges that DeLay, who helped organize the Texas political committee at the heart of the charge, participated in a conspiracy to funnel corporate money into the 2002 state election 'with the intent that a felony be committed.'"

Second Grand Jury, Two More Indictments
A newly sworn Texas grand jury indicted DeLay on two new charges on Monday, October 3, 2005: conspiring to launder money and money laundering. "The latter charge carries a penalty of up to life in prison." 

On October 4, 2005, in response to "criticism by DeLay's lawyers that he brought a new indictment ... to fix a legal flaw in the first indictment of DeLay last week, Travis Country District Attorney Ronnie Earle said in a written statement released" late in the day that the new indictments were "based on new information that 'came to the attention of the District Attorney's Office'" over the weekend."

The statement also had a plausible response to allegations that the speed with which Earle had gotten the second indictment was in and of itself a cloud over its veracity. It had indeed been a very quick indictment, but the cause for the need for speed was obscured by DeLay's defenders: Delay was attempting to renege on his mid-September agreement to allow a 30-day extension of the Texas Statute of Limitations laws.

"Earle, in a written statement issued late Tuesday [October 6, 2005], said it was important for him to seek grand jury action quickly because DeLay had attempted to withdraw a Sept. 12 agreement to waive the statute of limitations on the various allegations against him for 30 days". 

"Texas law forbids the use of political donations from corporations for anything but administrative expenses." 

Complaints
On March 31, 2003, Texans for Public Justice (TPJ) "filed a complaint with Travis County District Attorney Ronald Earle, asking his office to investigate apparent Texas Election Code violations by Texans for a Republican Majority (TRMPAC) for illegal use of corporate donations to get candidates elected to state office." 


 * Press Release: "TPJ Files Complaint Against Texans for Republican Majority. Complaint Outlines Huge Stealth Expenditures and the Apparent Misuse of Corporate Funds," TPJ, March 31, 2003.
 * "Alleged Violations of Campaign Finance Law," Public Citizen, June 8, 2004.

Statements

 * TPJ Statement on Tom DeLay's Criminal Indictment, Texans for Public Justice, September 28, 2005. Texans for Public Justice was the original complainant in the case.
 * Text of DeLay's Statement, September 28, 2005, posted on New York Times, MSNBC.com, and NPR websites.
 * "DeLay is Indicted on Two New Charges," Texans for Public Justice, October 4, 2005.

Documents

 * Texas Grand Jury Indictment Against Westar Energy, September 2004.


 * "The grand jury also indicted eight companies, accusing them of making illegal contributions to the committee, ranging from $25,000 to $100,000. They are: Sears, Bacardi U.S.A. Inc., Westar Energy Inc., Cracker Barrel Old Country Store, Williams Companies Inc., the Questerra Corporation, Diversified Collection Services Inc. and Alliance for Quality Nursing Home Care Inc." --New York Times, September 21, 2004.


 * Statement on TRMPAC by Texas District Attorney Ronnie Earle, September 20, 2004.
 * DeLay Indictment, FindLaw, September 28, 2005. The co-indicted DeLay associates are Jim Ellis and John Colyandro. Copy of check from Texans For A Republican Majority PAC to RNSEC, dated September 13, 2002.
 * "House Majority Leader Tom Delay Indicted Again - Second Charges Allege Money laundering Texas v. Colyandro, et al.," FindLaw, October 3, 2005.
 * Arrest Warrant, October 19, 2005. Posted by The Smoking Gun.
 * Mug Shot, October 20, 2005. Posted by The Smoking Gun.

General Background

 * Also see Thomas D. DeLay: Investigation, Indictment and Beyond: Articles & Commentary
 * "Election finance investigation," Austin American-Statesman. Includes links to complete coverage of events leading up to and including the indictment.

2004

 * "Money Laundering," The Stakeholder, April 13, 2004.
 * R. Jeffrey Smith, "DeLay's Corporate Fundraising Investigated. Money Was Directed to Texas GOP to Help State Redistricting Effort," Washington Post, July 12, 2004.
 * "Charges vs. DeLay linked to ethics charges," Associated Press (Boston Globe), September 22, 2004.

2005

 * "The D.A. And Tom DeLay," CBS News, March 6, 2005.
 * "GOP operative should stand trial for money-laundering. Judge makes first ruling in corporate cash case," Austin American-Statesman, July 12, 2005.
 * "Judge Supports Charges Vs. DeLay Colleagues," Associated Press, August 10, 2005.
 * Syvia Moreno, "3 DeLay Workers Indicted in Texas. Aides Charged in Fundraising Probe," Washington Post, September 22, 2005.


 * Jim Drinkard, "Breaking down the DeLay indictment," USA Today, September 28, 2005.
 * Judd, "After Indictment, DeLay Grossly Distorts Role With TRMPAC," Think Progress, September 28, 2005.
 * Payson, "DeLay Helps Earle Establish Motive," Think Progress, September 29, 2005.
 * "DeLay indicted on money laundering charge," Associated Press (Houston Chronicle), October 3, 2005.
 * April Castro, "Grand Jury Re-Indicts DeLay on New Charge," Associated Press, October 3, 2005 (8:00 PM).
 * "DeLay faces money laundering charge. Former majority leader calls indictment 'abomination of justice'," CNN, October 3, 2005.
 * Laylan Copelin, "DeLay indicted on money-laundering charge. Travis prosecutors pursued new charge to fix problem with last week's conspiracy count," Austin American-Statesman, October 3, 2005.
 * Laylan Copelin, "DeLay indicted on 2 new counts. New grand jury returns money-laundering and conspiracy indictment; defense says Earle wants 'do-over'," Austin American-Statesman, October 4, 2005.
 * "DeLay Indicted on Money Laundering Charge," Associated Press (Fox News), October 4, 2005.
 * R. Jeffrey Smith, "DeLay Is Indicted on Two New Charges. Money Laundering Alleged in Texas," Washington Post, October 4, 2005.
 * emptywheel, "Did DeLay's Lawyer Just Screw Up?" Daily Kos Diaries, October 4, 2005.
 * Laylan Coplin, "Prosecutor reveals third grand jury had refused DeLay indictment. Newly impaneled grand jury returned money-laundering charge within hours," Austin American-Statesman, October 4, 2005.
 * R. Jeffrey Smith, "Texas Prosecutor Cites New Input on DeLay. Earle Doesn't Respond to Lawmaker's Attack," Washington Post, October 5, 2005.
 * Carl Hulse, "To Keep Post, DeLay May Need Quick Justice," New York Times, October 5, 2005.
 * John Solomon and Sharon Theimer, "DeLay, Successor Blunt Swapped Donations," Associated Press (Yahoo! News), October 5, 2005.
 * "DeLay's Double Trouble," The Progess Report, October 5, 2005.
 * Larry Margasak and Suzanne Gamboa, "Grand Jury Saw DeLay Prosecutor as Lacking," Associated Press (Yahoo! News), October 6, 2005.
 * Laylan Coplin, "DeLay lawyers accuse prosecutors of misconduct. 'These claims have no merit,' District Attorney Ronnie Earle said," Austin American-Statesman, October 8, 2005.
 * Laylan Coplin, "Making the case for and against DeLay. Lawyers aligned on both sides of indictments look at how the evidence might stack up in court," Austin American-Statesman, October 9, 2005.
 * Laylan Coplin, "DeLay lawyers seek prosecutors' records. Motions follow up on allegations of prosecutorial misconduct," Austin American-Statesman, October 12, 2005.
 * Sharon Theimer, "Papers: DeLay Group Used $100K for Races," Associated Press (Yahoo! News), October 13, 2005: "They show DeLay's ARMPAC sent money from its so-called soft-money account before the November 2002 election to pay for mailings for such candidates as Indiana Republican Chris Chocola, who won election to the House that year."
 * Susan Gamboa, "DeLay's Telephone Records Subpoenaed," Washington Post, October 14, 2005.
 * Laylan Copelin, "Earle seeks more records from DeLay. Prosecutors subpoena records from DeLay and his daughter; defense says move is latest in baseless inquiry," Austin American-Statesman, October 14, 2005.
 * R.G. Ratcliffe and Dale Lezon, "Tom DeLay fingerprinted and released," Houston Chronicle, October 20, 2005.
 * "DeLay's remarks delivered at Texas Capitol," Austin American-Statesman, October 21, 2005.
 * Laylan Coplin, "DeLay wants new judge. Motion cites Perkins' Democratic pedigree. Lawyers also seek to move trial," Austin American-Statesman, October 21, 2005.
 * Laylan Coplin, "Presiding judge to review motion to recuse in DeLay case. Democratic judge looks to colleague for a ruling," Austin American-Statesman, October 22, 2005.
 * "The T-shirt scandal. Did the judge's money support DeLay T's? Probably not," Austin American-Statesman, October 22, 2005.
 * Chuck Lindell, "DeLay fighting on two fronts. Political spin can be as important as the legal arguments," Austin American-Statesman, October 23, 2005.
 * "Ding - Ding - Ding - Round Two: Ronnie Earle," Daily DeLay, November 3, 2005.

SourceWatch Resources

 * Thomas D. DeLay: biography and early political career
 * Thomas D. DeLay: External Links
 * Thomas D. DeLay: External Links 2004
 * Thomas D. DeLay: External Links 2005
 * Thomas D. DeLay: Related SourceWatch Resources
 * Thomas D. DeLay's "Transgressions"