Tuesday, December 06, 2005
no fan of Tom DeLay, but even I see nothing to get excited about with the judge's upholding of the money laundering charge that was filed against DeLay...
First, the judge only ruled on whether the prosecutor could proceed with charging DeLay... nothing in the judge's ruling indicates that a jury will conclude the evidence necessary to convict DeLay is present.
Unlike the conspiracy charge, which the judge found to be procedurally flawed and thus dismissed (in large part because the 'conspiracy' related to activity not illegal under Texas law), the prosecutor didn't 'procedurally' screw up in bringing the money laundering charges. True, he had to go grand jury shopping a couple of times in order to find one that would issue an indictment - which likely reflects upon the substantive weakness of the case - but there is nothing procedurally wrong with what he did.