DeLay's attorney to try to get indictments quashed

AUSTIN (AP) Attorneys for Rep. Tom DeLay are hoping a judge will dismiss the conspiracy and money laundering charges against DeLay so the former House majority leader can regain the powerful seat.

DeLay was to appear in court again today, this time before a new judge who will decide whether the criminal case should continue to trial.

DeLay had to relinquish his leadership post in Congress after he was indicted in September. His attorneys are pushing for a December trial in hopes that DeLay is cleared so he can regain his title before Congress returns to session in January. Otherwise, lawmakers could elect a new majority leader.

Tuesday's hearing is DeLay's first before Senior Judge Pat Priest, who was appointed to the case after DeLay's attorneys succeeded in having the first judge removed because of his campaign contributions to Democratic candidates and causes.

DeLay and two Republican fundraisers are accused of masterminding a 2002 campaign finance scheme that helped put more Republicans in the Texas House. The Legislature then passed a redistricting map that helped get more Republicans elected to Congress and helped DeLay secure his post as majority leader.

Prosecutors say DeLay and his associates funneled $190,000 in restricted corporate money from his Texas political action committee to an arm of the Republican National Committee, which then gave the same amount to Texas legislative candidates. The direct use of corporate money for political campaigns is against the law in Texas, except for administrative costs.

Dick DeGuerin, DeLay's attorney, has filed multiple legal briefs detailing why he believes the charges against DeLay should be dismissed. In one of the arguments, DeGuerin says DeLay shouldn't be charged with conspiracy to violate the election code because the law wasn't on the books until 2003, the year after DeLay's alleged offenses occurred.

In response, Travis County District Attorney Ronnie Earle said state law has long defined conspiracy as an agreement to commit any felony, even before it was specifically applied to the election code.

In a brief filed with the court late Monday, a University of Texas law school professor agreed with the defense claims, contending that neither the money laundering nor conspiracy violations were illegal when the transactions in question took place.

DeLay is also arguing that the money laundering law refers specifically to the transfer of “coins or paper money.” The suspect transactions used checks.

DeLay and his co-defendants, Republican fundraisers Jim Ellis and John Colyandro, acknowledge trying to help get Republicans elected but say they've done nothing illegal.

DeLay's attorneys want the trial to be moved from liberalleaning Austin where they say he cannot get a fair trial. DeGuerin has requested the trial be moved to Fort Bend County, DeLay's home county, but that likely won't be decided until a later hearing.