Friday, November 26, 2010

DeLay's appeals process moves to 3rd CCA

The Hammer's prospects are already a little brighter.

The conviction of Tom DeLay, once one of the most powerful Republican wheelers-and-dealers in Congress, marks the beginning of a lengthy and vehement appeals process that will seek to cleanse the name and record of the former House majority leader.

DeLay's lead attorney, Dick DeGuerin, expressed confidence on Friday the Third Circuit Court of Appeals in Austin will rule in his favor because it has in the past. Add to that a varied assortment of available arguments, and DeGuerin and law experts say they're convinced this is only the start of what will become a precedent-setting case.

Here are the Justices who comprise the 3rd CCA. But the list isn't up-to-date. From the Austin Chronicle:

Still, (Judge Jeff Rose's) appointment to the 3rd Court means the influential bench – which covers appeals in 24 counties, appeals from state agencies, and high-profile public corruption cases – is now firmly Republican-controlled, with four GOP judges (Bob Pemberton, David Puryear, Rose, and the newly elected Melissa Goodwin) and just two Dems (Chief Jus­tice Woodie Jones and Judge Diane Henson).

More from the first link...

Some legal experts argue that such unprecedented cases immediately raise the interest of the appellate courts. Others, however, note that Texas' conservative, largely Republican appellate courts do not have a strong record of siding with defendants.

"Statistically, he is going to be fighting an uphill battle," said Philip H. Hilder, a former prosecutor who is now a Houston-based criminal attorney concentrating on white-collar cases.

The courts could see it as a "partisan fight" though, Hilder said.

"Then the courts are of his political persuasion," he added. "But still, they would have to rely on precedent and they will have to really do back flips to do any favor to him."

[...]

The appellate court in Austin has previously ruled in DeLay's favor — striking down the first indictment and parts of the second, an indication the court thinks DeLay had a valid argument, DeGuerin said. So while the criminal court of appeals overturned that decision saying the issues first had to be brought to trial, DeGuerin says the court's previous ruling paved the way for support now that the trial is over.

I have previously posted about the odious Puryear and his now-departed colleague Waldrop here, and also here. Pemberton was deputy counsel to Gov. Perry prior to his appointment. You should expect no better from Rose and Goodwin, who defeated Kurt Kuhn earlier this month. More background on that just-completed contest again from the Austin Chronic and Burnt Orange, and this Off the Kuff post contains more links to his considerable pre-election coverage.

Tom DeLay still has plenty to be thankful for.

Update: lightseeker at Texas Kaos analyzes the reframing.

Wentworth tries again to end straight-ticket voting

This Chron op-ed is spot TF on.

In an upcoming Texas legislative session where some form of a controversial voter ID bill is certain to pass, a couple of state senators have other ideas, valuable ideas, for electoral reform.

Sen. Jeff Wentworth, R-San Antonio, is not a person who gives up on a good cause even in the face of daunting difficulties. He's pre-filed legislation for the 2011 session designed to outlaw straight-ticket voting. SB 139 is Wentworth's third attempt to eliminate this dangerous practice.

In 2012 the Dems who couldn't be bothered to vote earlier this month, the flip-flopping and finicky Indies, and the once-more-snookered Republicans will again rise up and turn out to sweep the conservative trash blown in to the Capitols by the combination of Tea Party rabies and Obama apathy. Unless a GOP state senator can convince his colleagues to ban the straight-ticket vote, that is.

Wentworth is a too-uncommon voice of reason on the right.

Although Republican and Democratic apparatchiks opposed his legislation in previous sessions, Wentworth accurately noted of straight-ticket balloting, "It's not even in the parties' interest." The lawmaker cited Republican State Board of Education candidate Tony Cunningham as an example of the danger that looms with straight-ticket voting.

Cunningham won the GOP nomination in SBOE District 3 despite widespread reporting about his inability to discuss the issues and his dreadful lack of credentials.

"Tony Cunningham would have been an embarrassment to the Republican Party if he had been elected," Wentworth said. Fortunately, Cunningham lost in the general election.

Still, Cunningham — one of the least-qualified candidates ever to appear on the ballot - snared 90,999 votes.

"We're Texans. We ought to be more independent thinking," Wentworth said, noting that Texas is one of only 15 states that still allow straight-ticket voting.

Straight ticket voting has become the lazy, unthinking way out for "patriots" passing for much of the Texas rural electorate. "What, make me spend five minutes voting instead of 30 seconds?! That's un-American!"

At my poll I had a handful of straight-ticket Republican voters -- self-identified to me, the precinct chair, mind you -- come over and ask where the propositions were on the ballot AFTER THEY HAD VOTED. They were collectively so mentally challenged that they couldn't even figure out to ask the question beforehand.

I believe that's why the props were under-voted, and could very well be why Prop 1 passed. FTR Kuffner shows his math as to why he disagrees with this premise.

My state senator, similarly, is acting to make our voting processes more effective:

... Rodney Ellis, a Democrat, has prefiled the Voter Empowerment Package, which includes measures to designate every statewide Election Day as a state holiday, including primary Election Day; allows eligible residents to register for voting during the early voting period at polling locations as long as the eligible resident provides certain documentation; creates criminal penalties for certain deceptive or disenfranchising practices regarding an election; allows eligible residents to register for voting on Election Day at polling locations as long as the eligible resident provides certain documentation; and authorizes registered voters to vote by mail during the early voting period.

I'd go even farther than this and recommend instant run-off voting. More on that here, here, and here.

Wednesday, November 24, 2010

The Hammer gets the slammer

A Travis County jury today found former U.S. House Majority Leader Tom DeLay guilty of political money laundering charges relating to a corporate money swap in the 2002 elections.

The verdict came down five years after DeLay was forced to step down as the second most powerful Republican in the U.S. House. The charges also led DeLay to resign from his Sugar Land congressional seat in 2006.

DeLay was accused of money laundering and conspiracy to commit money laundering. On the conspiracy charge, DeLay faces a sentence of two to 20 years in prison and five to 99 years or life in prison on the money laundering count.

More reaction from me and others as it rolls in, but as I have previously mentioned his chances are much better on appeal.

Update: Matt Angle, Lone Star Project ...

Whatever punishment that DeLay ultimately receives, Texans continue to suffer from his crimes. Just as DeLay planned, the Texas Legislature and the Texas Congressional Delegation reflect the most partisan, narrow minded and mean-spirited views in our society.

From Louie Gohmert’s bizarre rants to Joe Barton’s unbending defense of corporate negligence to Pete Sessions’ blind and befuddled partisanship, the Texas Congressional Delegation distorts public service into partisan extremism.

The DeLay legacy is also reflected in Joe Straus’s contributions to corrupt Republican House members and in Leo Berman’s hateful rants.

Unfortunately, Tom DeLay has left behind a Republican Party where loyalty is measured by the degree to which Members are willing to defame national leaders, champion extreme right-wing causes and deny opportunity to middle-class Texans.

Nick Lampson:

“Today's ruling shows that the culture of corruption Tom DeLay created in Washington went a few too many dance steps beyond the pale of American politics. We should remember, though, that this trial is not just about $190,000 that Tom DeLay stands guilty of illegally laundering into Texas politics. At its root, Tom DeLay's actions were designed to gerrymander Texas voters for his own personal power grab. As we approach what should be the once-per-decade ritual of redistricting, Texans deserve to have districts drawn that will allow them to all have an equal voice rather than a map drawn by partisan hacks designed to skew political power.

In the pursuit of power and with disregard for our democracy, Tom Delay damaged Texas and this country in a way that will be felt for years to come. This decision makes it clear that justice can still be delivered and we must do everything in our ability to assure abuses of our electoral system do not happen again.”

More from Kuffner and Juanita Jean and Texas Vox.

Don't get so busy with errands today that you forget to stop and smell the pie