SSSSHHHH…Be Vewy Quiet. I’m huntin’ Repubwicans…heheheheheheh!
The indictment of Republican Majority Leader Tom DeLay is one of the least surprising developments in politics since the Democrats’ efforts to buy votes with crack cocaine in Ohio last November. Given the level of scrutiny directed toward the Texas Republican regarding everything but his bathroom habits, the laughably partisan Travis County District Attorney Ronnie Earle, like his counterpart Elmer Fudd, was destined to succeed in finding the rabbit but will be hard pressed to ultimately catch the critter and make a stew out of him.
Instead, all Earle has succeeded in doing is making hash out of his investigation, something a federal judge will not find amusing – federal judges having a much narrower sense of humor than your average Texas pol. For in order to understand the indictment of DeLay, one must understand the wild, wild, west nature of Texas politics and how being “colorful” and “larger than life” is the best way to get ahead in the rough and tumble mud wrestling of Texas political culture.
Unlike in some of the more staid environs out east and in the Midwest, politics in Texas is a spectator sport, albeit one that requires the spectators to come equipped with a scrub brush and an extra-strength bar of soap. Both DeLay and Earle have come up through the ranks of their respective parties by successfully playing as close to the edge of the law that ethics and decency will allow, all the while “Aw Shucks”-ing and backslapping their way through successful election campaigns. It is the campaigns themselves with the ungodly amounts of money raised and spent that grease the skids of law and politics at the statehouse level.
An example would be your typical campaign for an obscure public office like State Railroad Commissioner. Through some quirk in the law, the Commission controls the oil industry in Texas which may have something to do with the fact that on average, candidates spend well over half a million dollars to get elected and most candidates spend much more than that. A run for the Texas Senate is similarly expensive. Contrast those figures in my own state of Illinois where the average amount spent on a state Senate seat is around $50,000 – figures skewed upward by races run in Chicago and its suburbs – and you have an idea of how really, really, important it is to raise money in Texas if you want to get anywhere in politics.
If money is the mother’s milk of politics, Texas has a corner on motherhood. And down through the years, well meaning reformers from both parties have attempted to change the political landscape by trying to put a stop to some of the more outrageous examples of campaign finance shenanigans, mostly to no avail. Like reformers of federal campaign laws have discovered to their utter dismay, the more strictures you put into place, the more loopholes wide enough you can drive a Texas sized 18 wheeler through are created.
Hence, we have the laughable spectacle of DeLay being indicted for a campaign finance tactic carried out gleefully by both sides. Texas law stipulates that corporate contributions to candidates are illegal. No problem, say both parties. They simply channel the money to the national parties who then churn the money back to candidates for state office through “local party building” efforts that allow the national party organs to donate money for that purpose.
Simple, elegant, legal…and unethical. Here’s a tally of what the Democrats have done with the law recently:
In fact, on October 31, 2002, the Texas Democratic Party sent the Democratic National Committee (DNC) $75,000, and on the same day, the DNC sent the Texas Democratic Party $75,000. On July 19, 2001, the Texas Democratic Party sent the DNC $50,000 and, again on the same day, the DNC sent the Texas Democratic Party $60,000. On June 8, 2001, the Texas Democratic Party sent the DNC $50,000. That very same day, the DNC sent the Texas Democratic Party $60,000.(HT: Captains Quarters)
As the Captain points out in his article, DA Earle has a problem separating his duties as a prosecutor representing the people and a partisan representing the interests of his party. This is not unusual in Texas as I’m positive you can find similar examples of Republican DA’s in Texas acting in a manner not in keeping with the ethical requirements of their office. It is the nature of the system. And that system lives and breathes money. Doing the Texas Two-Step with the campaign finance laws is a dance done by both political parties. To pretend otherwise is hypocritical. And having DeLay indicted for violating campaign finance laws in Texas is like indicting a politician for kissing babies; it may be true but given the nature of the beast and the fact that everyone does it, how can you do it in good conscience?
The funniest observer of Texas politics, Molly Ivins, has said “Good thing we’ve still got politics in Texas—finest form of free entertainment ever invented…. ” The Loony Toons moment of indicting Tom DeLay will probably be good for a few laughs but I suspect Ronnie Earle will share the fate of Elmer Fudd and other Bugs Bunny nemeses and will end up in the stew pot himself instead of the “wascally wabbit.”
UPDATE
Michelle Malkin has an outstanding round-up of both blogger and media reaction to the indictment. Press react this morning has been predictable with a New York Times editorial calling for DeLay’s permanent removal from his leadership position and having a disguised editorial on the front page gleefully listing what they consider to be Republican baggage going into the midterms next year.
Also, the Captain weighs in with WaPo’s surprising skepticism regarding the indictment.
6:48 am
Rick,
Earle has tried for 2 years to indict Delay on the crime of corporate contributions, but has failed to make a case. So he is indicting Delay for conspiring to break that law, a law he is unable to indict on. This is a stretch. A judge will throw this out.
7:25 am
Ah, you’re only saying those things about Texas because they are true. How could you?
The current Texas Republican Party learned all of these tricks back when they were conservative Democrats. When the ConDems became Repubs, the LibDems didn’t change their ethics. They kept doing the same thing.
Personally, I think we should have no (as in NO) bans on political donations. Let’em spend the money. The idea that somehow money corrupts politics more than ... I’m thinking here … humans is stupid. Right now in America, money represents power. If we didn’t use money, we would wouold measure power another way. Politics in nations with only one party, and no need to spend is more corrupt than any thing we’ve seen in American politics. George Soros and company certainly know how to circumvent campaign law.
9:15 am
No insider trading involved, majority leader says
WASHINGTON — Senate Majority Leader Bill Frist said Monday that he had no insider information
1:33 pm
Rick,
Ronnie Earle is doing his Captain Dan Guard papers, he just knows it has to be true!
2:21 pm
When did the Texas Democratic Party become a corporation and why has Earle indicted more Democrats than Republicans…duh.
4:11 pm
Regarding bartcop’s comment: Ronnie Earle is 63 years old, and his indictments of Democrats date back to some years ago when the Democratic Party owned Texas. He brought a similar indictment against Kay Bailey Huchinson shortly after she was elected, which was quickly dismissed as being without merit.
I’m no fan of Tom Delay, and admit it’s certainly possible he has done unethical and/or illegal things, but this particular dog won’t hunt.
8:23 pm
You guys are way off base. First of all, a judge won’t throw this out, because it IS a valid indictment, brought by the citizens of Texas. Rarely, even in political tussles such as this, do these get tossed. Indeed, it appears Mr. DeLay will have his day in court.
Secondly, this will not be tried in a federal courthouse, hence the phrase “something a federal judge will not find amusing – federal judges having a much narrower sense of humor than your average Texas pol.” is meaningless. DeLay was indicted on a single count of violating a state law. One that goes all the way back to Brown & Root and LBJ. Yes, the same B&R that is now in bed with the Bushes. See, big money really doesn’t care who is in the WH, just as long as they are partial to big money’s interests. Back in the day, B&R gave $5K to every employee with the caveat they donate it to good ol’ LBJ’s senate campaign. When the tax man cometh looking for his cut of the $5K, the employees began to sing like canaries. Hence the law.
As far as Mr. Earle is concerned, I doubt seriously he’s “Earle have come up through the ranks of their respective parties by successfully playing as close to the edge of the law that ethics and decency will allow, all the while “Aw Shucksâ€-ing and backslapping their way through successful election campaigns. It is the campaigns themselves with the ungodly amounts of money raised and spent that grease the skids of law and politics at the statehouse level.” From what I know he’s a hard-nosed lawyer who has a strong disdain for ANYONE who breaks the law. He’s not a big-time politico like DeLay. And, of the 15 political indictments he’s brought forth, 12 have been against democrats, including the sitting Speaker of the Texas House, Gib Lewis (who resigned and pleaded down to two misdemeanors and hasn’t been heard from since) and the sitting Attorney General, Jim Maddox.
Here is what Earle has to say about the LAW in Texas: “Texas law makes it a felony for corporations and labor unions to make political contributions to campaigns. The punishment is two to ten years in the penitentiary.”
And, as far as “big money” campaigns go, PBS.org reports the average cost of a state-house campaign in Texas is $85,000. I’m guessing the DA race in Travis County wouldn’t go much over $100K even in this day and age. Don’t take my word for it, go check it out yourself at http://www.pbs.org/now/transcript/transcript324_full.html. And, while you are at it, there is another great article on this mess at: http://www.texasobserver.org/showArticle.asp?ArticleFileName=030829_f1.htm.
Enjoy.
9:24 pm
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10:41 pm
Should Corporations Donate to the Political Process?
Christine and Tom DeLay, with the Hammer Cake I ran into Tom DeLay and his wife Christine at an event earlier this year in your Nation’s Capital. Before he was indicted for “criminal conspiracy,” allegedly moving money from corporate…
12:27 am
That whole votes for crack deal was a bust. Anyways, I’m sitting on whole lot of rock here in Cuyahoga Falls and am thinking maybe we should plant this crap on one of those pinko senators. Give me a holler if your interested! (LOL)
4:58 am
I’ve read two different profiles of Earle and both reveal him to be a bullying partisan, active in Democratic politics for many years (Chairman of the Party in Travis County), and a cold, calculating politician. He may be a “tough lawyer” but that only proves my point. His bare knuckled advocacy skirts the ethics strictures constantly.
DeLay may not be going before a federal judge – you’re right there – but the idea that campaign finance regulations aren’t being circumvented every day of the week in Texas by both parties is loony. That’s why indicting someone for violating laws that are followed only in the breach is so transparently partisan in nature and why Earle – even if he gets a conviction – will be viewed as the partisan hack that he is.
10:00 am
Great(?) minds think alike. You picked Elmer Fudd and Bugs Bunny; I chose Wile E. Coyote and the Road Runner.
10:42 am
Big Texas,
You wrote: “Texas law makes it a felony for corporations and labor unions to make political contributions to campaigns.
That is correct, but that is not the charge. Delay is being charged with conspiracy to break that law but was not charged breaking the law itself, had that charge been made, the conspiracy would be relevant. Earle doesn’t have evidence that law itself was violated. He has already gone through the minutia surrounding the expenses allowed to be financed by corporate contributions.
Were corporate contributions accepted, yes. Were the contributions legal, yes. Were corporate contributions accepted by the PAC to cover eligible expenses previously paid with earlier raised hard money, yes. Did this free up hard money to be distributed to campaigns, yes. Can hard money be distributed to campaigns, yes. Does Texas law recognize fungibility of contributions, yes. Did the PAC’s contributions to campaigns exceed hard money donations, no. Is this a normal process in political fund raising, yes. Where is the crime that was conspired? Is this Earle’s Florida Supreme Court changing the law after the fact for political semantics, yes.
12:06 pm
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1:50 am
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