Crazy Like A Crazy Person

Remind me never to hire Tom DeLay's lawyer Dick DeGuerin. He thought he had found a legal loophole to get DeLay out of last week's indictment on a conspiracy charge (which carries a minor sentence). That DeGuerin's technicality (basically claiming that the charge of violating campaign finance laws was based on a statute that did not take effect until 2003 — after the time frame of the DeLay indictment) is legitimate is not entirely clear:

George Dix, a professor at the University of Texas law school who is an expert in criminal law and procedure, said he doesn't believe changes made to the Texas election code by the 2003 Legislature have any effect on the conspiracy charge.

The penal code's conspiracy charge allows for the charge if the defendants allegedly conspired to commit any felony, including an election code felony.

All the 2003 change did was spell out the word "election code," changing from an implicit statement to an explicit one. That didn't stop DeGuerin from thinking he had the rap beat.

Well, The prosecutor basically answered by saying "If you want to play games, we'll play games!"

AUSTIN, Texas - Rep. Tom DeLay was indicted for a second time in less than a week by a Texas grand jury looking into campaign contributions, a development the former U.S. House majority leader called "an abomination of justice."

The latest indictment, for one count of conspiring to launder money and one count of money laundering, was brought hours after DeLay's lawyers attacked on technical grounds another indictment handed down last week.

If convicted, the money laundering charge carries a penalty of up to life in prison. The charge of conspiracy to launder money is punishable by up to 20 years in prison. The initial conspiracy charge carries a punishment of up to two years.

Fuck me? No, fuck you.

This story from SF Gate adds another layer of intrigue:

The backdrop for Monday's action may have been a dispute over the continued viability of a waiver of the three-year statute of limitations that DeLay granted in writing on Sept. 12 in order to keep trying to persuade Earle not to issue any indictments. After last week's conspiracy charge, DeGuerin said the waiver was withdrawn.

Monday's indictments maintained that the waiver was still in effect. But DeGuerin said in an interview that Earle may have brought the new charges so speedily because he was uncertain of his ground on that issue. A key transaction in the alleged conspiracy -- the payment of $190,000 by the Republican National Committee to the Texas Republican candidates -- occurred on Oct. 4, 2002, or three years ago today.

So Tom DeLay initially waived the statute of limitations as a gesture of good faith. The District Attorney indicts. Then DeLay's lawyers try to wiggle out of the indictment, and cancel the waiver to boot, just days before it was to expire. Could it be that DeGuerin was fishing for the conspiracy charge, knowing that he'd spring his dubious loophole and cancel the waiver, eliminating the threat?

Empty Wheel at Kos pretty much suggests that:

Deguerin may have had DeLay sign the waiver as part of a deal. He waives the statute of limitations. And then he only gets charged with conspiracy, not the more serious crime of money laundering. As Norm Pattis explains:

"So why am I so sure he'll plead [guilty to conspiracy]? A line in the indictment notes that his lawyer waived the statute of limitations on the conspiracy charge during grand jury proceedings. Why would a competent lawyer waive a complete defense? Because worse was on the way if he did not.

Initiates know the practice as charge-bargaining. You see a funnel cloud barreling at you and you ask your local prosecutor, quietly, 'on what charges are you willing to take my client if he pleads?'"

So Deguerin, thinking he's the smartest thing in Texas, waits for the first grand jury to run out, believing his guy is in the clear, then he starts attacking the lesser charge he bargained for.

Sometimes fancy lawyers can get just too fancy.

Indeed.