The Scoop On DeLay Indictment?

Michelle Malkin has posted an email from Barbara Comstock, a former Justice official, that says in part:

According to the indictment, the conspiracy was to unlawfully make a political contribution of corporate funds to a political party within 60 days of an election.

The Texas Election Code clearly states that "A corporation or labor organization may not knowingly make a contribution [to a political party] during a period beginning on the 60th day before the date of a general election for state and county officers and continuing through the day of the election." Title 15, Texas Election Code, § 253.104. Texas law also states in part that "A person commits criminal conspiracy if, with intent that a felony be committed: (1) he agrees with one or more persons that they or one or more of them engage in conduct that would constitute the offense; and (2) he or one or more of them performs an overt act in pursuance of the agreement."

The Problems with Earle's case:

In an effort to contrive jurisdiction over DeLay, Earle charges that because Congressman DeLay may have known about the transaction before it occurred, he was then part of a conspiracy.

However, Earle's office has sworn testimony and other exculpatory evidence showing that Congressman DeLay did not have knowledge of the transaction.

In addition:

No corporation or labor organization was indicted in this conspiracy. Neither Jim Ellis nor John Colyandro is a corporation or labor organization.

No corporation or labor organization made a contribution during 60 days of an election.

What constitutes a contribution under the Texas Election Code is not strictly defined.

Neither the RNC nor RNSEC constitute a political party under Texas election law. They are considered PACs, just as the DNC is.

Corporations in Texas could have legally made contributions to the RNC or RNSEC during the period in question under Texas election law.

There was no violation of the Texas Election Code. There was no conspiracy. The underlying transaction was legal. Had corporations sent money directly to the RNC or RNSEC, the transaction would be legal. How could anyone conspire to do indirectly what could legally have been done directly?

It sounds to me like Earle went to the Grand Jury seeking much, much more and they shut him down. All he was able to scrape together was this -- the table scraps left over when the storied ham sandwhich that could get indicted is all 'et up.

As usual, Michelle's got deep and clear coverage on this, so I don't care if you click on over there and catch up, if you haven't been there already, or been there recently -- she's adding updates regularly.