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Jessica Levinson

Jessica Levinson

Posted: November 25, 2010 12:06 PM

A Texas jury decided to nail the hammer to the wall. After less than twenty hours of deliberations, twelve citizens, six men and six women, convicted former House Majority Leader Tom DeLay of illegally directing $190,000 in corporate political donations to Republican candidates for the Texas State Legislature. DeLay faces up to ninety-nine years in jail.

DeLay, always the optimist, stated that he would be cleared of these money laundering charges at trial. He contended that his indictment was politically motivated and has plans to appeal the conviction. Prosecutors deny that the charges have anything to do with partisan politics.

Tom "The Hammer" DeLay first caught the nation's attention when he swept into power in 1994 as a principal player in the Republican Revolution. DeLay, no stranger to controversy, has also been under investigation for his relationship with infamous lobbyist Jack Abramoff, who pleaded guilty to charges of bribery, tax evasion and fraud.

His trial gave the public a glimpse into the sometimes unseemly campaign finance practices of Washington, D.C. Jurors were regaled with tales of huge sums of corporate money flowing freely throughout the political system. The jurors heard stories of meetings members of congress agreed to have with lobbyists in return for large contributions.

So what's the problem? Doesn't money always flow relatively freely in the political system? Yes, but the problem in this case is that Texas has a century old law prohibiting corporate contributions to candidates. Prosecutors charged DeLay with funneling nearly $200,000 in corporate contributions through the Republican National Committee to state legislative candidates.

Prosecutors, however, did not prosecute DeLay for violating that law, finding that there was no way to charge someone with conspiracy for such a violation. Prosecutors instead opted to charge DeLay with money laundering.

The evidence, consisting almost exclusively of circumstantial evidence, was enough to convince the twelve jurors of varying political affiliations.

The difficulty of this prosecution and the harmfulness of the underlying facts to the integrity of the electoral and political processes give fuel to an argument that at least eight members of our Supreme Court seem to agree with: disclosure of campaign funds is vitally important. Disclosure not only tells the public where candidates and committees are getting their money from, and hence to whom they may be responsive, but also helps to detect violations of existing laws.

The Disclose Act now stands before our lame duck Congress. While it would not have affected DeLay's trial, it is an important step toward trying to repair public confidence in a representative democracy too often shaken by political scandal. Let's throw a little sunlight into the sometimes dark world of financing political campaigns.

 

Follow Jessica Levinson on Twitter: www.twitter.com/levinsonjessica

A Texas jury decided to nail the hammer to the wall. After less than twenty hours of deliberations, twelve citizens, six men and six women, convicted former House Majority Leader Tom DeLay of illegall...
A Texas jury decided to nail the hammer to the wall. After less than twenty hours of deliberations, twelve citizens, six men and six women, convicted former House Majority Leader Tom DeLay of illegall...
 
 
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12:35 PM on 11/26/2010
"This is the way you wash the money
Wash the Money
Wash the Money

This is the way you wash the money
Down in Houston town."
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Buckeye54
...the One your mom warned you about!
09:47 AM on 11/26/2010
Tom DeLay was guilty of something more than money laundering—he was guilty of hubris. He thought he was above all law, particularly in Texas, and never imagined that his fellow Texans would find him guilty of being a mere human being.
07:32 AM on 11/26/2010
"The evidence, consisting almost exclusively of circumstantial evidence, was enough to convince the twelve jurors of varying political affiliations. "

Just ignore this part everybody. We've got to send him to prison for 99 years regardless of that pesky evidence.
AtticusinPa
Sapere audi. Incipe!
10:41 AM on 11/26/2010
I believe that the jury said exactly the opposite: we have to send him to prison because of that pesky evidence. In financial crimes, the evidence is almost always "circumstantial". There is nothing wrong with circumstantial evidence. It is still evidence.
11:10 AM on 11/26/2010
It would be very hard to get direct evidence in a case like this.
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HUFFPOST SUPER USER
dadw5boys
Disabled Vietnam Vet
07:37 PM on 11/25/2010
Don't worry Tom is safe.
All he has to do is get to the U.S. Appeals Court .
Bush appointed so many Far Right Wing Judges to Lifetime Appointments he will walk away from this !
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HUFFPOST SUPER USER
CarlIII
Liberal Virginian living in Remlap Alabama
08:53 AM on 11/26/2010
absolutely, He'll never spend a day in prison.
Jay Haney
My nuclear family imploded when I was 18. I've bee
02:07 PM on 11/25/2010
The only thing I have to say about it is this: he had it coming.
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Shrank
We are sorry, your micro-bio is not PC
01:32 PM on 11/25/2010
Don't worry, Tom. President Sarah Palin will pardon you and put you in charge of taking revenge against her political enemies.
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HUFFPOST SUPER USER
Alg0rhythm
REAL change is needed now!
01:08 PM on 11/25/2010
Wow.... occasionally, accidentally the system works. I think he will probably get a pardon as others have said... but good news.....
01:26 PM on 11/25/2010
Interesting. I guess we'll have to watch to see what Gov. Perry decides to do, probably after the case has wound its way up the state court system.
12:35 PM on 11/25/2010
The whole business of calling Delay "The Hammer" comes straight from Alinsky's 13th rule -- personalize the enemy.
01:14 PM on 11/25/2010
Great, interesting point.