DeLay Watch

Conspiracy charge a possibility for DeLay [Austin American-Statesman : registration required]

U.S. House Majority Leader Tom DeLay's leadership post is on the line today as a Travis County grand jury is expected to consider indicting DeLay on conspiracy charges, several lawyers familiar with the investigation said.

[snip]

Wednesday's secret vote by the grand jury could mark the end of a three-year investigation into whether DeLay and his Republican and business allies illegally spent corporate money to help elect a Republican majority to the Legislature in 2002. In turn, state lawmakers drew congressional districts urged by DeLay that gave Texas Republicans more clout in Washington. The lawmakers also elected Craddick, a Republican from Midland and a DeLay ally, as their speaker.

DeLay had appeared to escape criminal scrutiny as early as last year when Travis County prosecutors concluded that they did not have the jurisdiction to pursue election code violations against him. Under the law, only DeLay's local district attorney, a Republican, had jurisdiction, and he expressed no interest in trying to topple the second most powerful Texan in Washington.

But a conspiracy charge would fall under the criminal code, not the election statute that bans corporate money from being spent on a campaign.

That tactic is what defense lawyers fear — and would give Travis County prosecutors jurisdiction over DeLay.