Saturday, October 08, 2005


John Dean: DeLay Is Toast

It's here.

FindLaw is on my favorites list, and in the past couple years I have always found Dean's writing to be enlightening and reliable.

We can only hope the case against Delay holds up and the grand jury leaks do not threaten a successful prosecution against him.
My guess about Earle's second indictment is a little different than Dean's.

Just as no one wants to get into a fight between a polecat and a skunk (as Dean puts it), no one wants to have to be in the same courtroom to try either one, since one comes out smelling bad no matter what one does. (The exception to not enjoying the task is defense lawyers like Guerin. For them, it's professional courtesy.)

The first indictment was relatively minor. It would have ended DeLay's political career, but probably kept him out of jail. And there's no question this was slamdunk. We've known for years about this check thanks to TPJ.

It was clearly the time to plead. I think Earle delayed so long because he was hoping to achieve that. When DeLay refused to accept a minor punishment, Earle decided he needed to put more pressure on DeLay.

I also felt Dean was a bit overdramatic regarding the Grand Jury secrecy issue. The statements the GJurors made did not describe specific witnesses or statements. Prosecutors routinely-- and illegally-- leak Grand Jury testimony in an attempt to try people in the press, most famously with Ken Starr's known but unpunished leaks. The Grand Jurors simply put a human face on what too often looks from the outside like a Star Chamber.
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