Jury Swap

The indictment--make that multiple indictments--brought against former majority leader Tom DeLay are just getting murkier and murkier. It seems that the Travis County D.A., Ronnie Earle, had some trouble getting a grand jury to even indict DeLay. From the Austin American-Statesman:

A Travis County grand jury last week refused to indict former U.S. House Majority Leader Tom DeLay as prosecutors raced to salvage their felony case against the Sugar Land Republican.

In a written statement Tuesday, Travis County District Attorney Ronnie Earle acknowledged that prosecutors presented their case to three grand juries — not just the two they had discussed — and one grand jury refused to indict DeLay. When questions arose about whether the state's conspiracy statute applied to the first indictment returned last Wednesday, prosecutors presented a new money-laundering charge to second grand jury on Friday because the term of the initial grand jury had expired.

Working on its last day Friday, the second grand jury refused to indict DeLay. Normally, a "no-bill" document is available at the courthouse after such a decision. No such document was released Tuesday.

And why wasn't it released? Maybe because if the public saw indictment charges bounced back in the prosecutors' faces, they might begin to think that Ronnie Earle was up to no good.

As many in the legal community have stated, grand jury indictments are the dirty little secret of the legal world. They're easy to get, because there is no defense. The D.A. has the run of the pick and the information. And, according to one grand jury foreman, interviewed this morning on 590 KBLJ in Austin, he'd made up his mind to indict DeLay before seeing any evidence.

FOREMAN OF DELAY GRAND JURY MADE MIND UP BEFORE TESTIMONY

THE FOREMAN OF THE TRAVIS COUNTY GRAND JURY THAT INDICTED CONGRESSMAN TOM DELAY SAYS HE FELT THERE WAS ILLEGAL ACTIVITY SURROUNDING DELAY, THE PAC TEXANS FOR A REPUBLICAN MAJORITY AND THE TEXAS ASSOCIATION OF BUSINESS LONG BEFORE HE WAS TAPPED TO SERVE ON THE GRAND JURY. WILLIAM GIBSON TOLD THE NEWSRADIO 590 KLBJ MORNING SHOW HE HIMSELF HAD QUESTIONS ABOUT THE ADS CONCERNING THE TEXAS LEGISLATIVE RACES IN 2002.

Given that Earle is going through grand juries like water right now, flailing about trying to shore up indictments, I'd say they've about shot their last bolt. He's still got the money laundering charge, but that's even flimsier than the conspiracy charge. I predict DeLay will beat this, and Earle is going to be left out in the cold. Democrats who don't live up to the party's expectations often are.

Update: It seems more information is coming out about Ronnie Earle's courtroom demeanor.

A prosecutor tried to persuade a grand jury that Rep. Tom DeLay tacitly approved illegal use of campaign money and became angry when jurors decided against an indictment, according to two sources directly familiar with the proceeding.

"The mood was unpleasant," one source said Wednesday, describing prosecutor Travis County prosecutor Ronnie Earle's reaction. ...

Little was previously known about the grand jury that refused to indict DeLay, who has maintained his innocence and accused Earle — a Democrat — of bringing the prosecution to politically damage him. Earle has denied the allegation and pointed out he has indicted far more Democrats than Republicans.

One source said the sole evidence Earle presented to the grand jury that declined to indict was a DeLay interview with the prosecutor in August. DeLay reportedly said he was generally aware of activities of his associates.

The source said Earle tried to convince the jurors that if DeLay "didn't say, 'Stop it,' he gave his tacit approval."

Captain Ed at Captain's Quarters blog has the best analysis of this revelation:

Now we have a conspiracy charge based on a failure to say "Stop it", three tries at grand-jury indictments, and a bit of intimidation tossed in on top. This case against DeLay looks more and more like a bill of attainder against Earle, one that should result in sanctions on his ability to practice law in Texas rather than anything that DeLay should have to answer in criminal court.

Absolutely.