CHEYENNE - The Texas Court of Criminal Appeals ruled in Texas v. DeLay today that evidence used to convict former House Majority Leader Tom DeLay of money laundering and conspiracy in 2010 was insufficient, affirming an earlier appeal that overturned DeLay's verdict. The court's opinion reaffirms arguments made by Wyoming Liberty Group attorneys Benjamin Barr and Steve Klein in friend-of-the-court briefs filed in both appeals.
The opinion analyzes a series of money transfers overseen by DeLay and others during the 2002 Texas election cycle to benefit several candidates for state house. Instead of viewing these transfers as carefully complying with the Texas Election Code, the Public Integrity Unit of the Travis County District Attorney's Office argued it was money laundering. The majority opinion, joined by seven of the court's nine justices, ruled that "there is no possible view of the evidence that can establish that any transaction alleged to comprise money laundering involved the proceeds of a felony violation of the Texas Election Code[.]"
"Election laws are supposed to clean up politics," said Klein. "But this case proves that malicious, partisan prosecutors can use these laws as the dirtiest political tool."
WyLiberty's briefs--joined by the Center for Competitive Politics--addressed the implications of the DeLay prosecution on free speech, showing that Texas law allowed for each transaction and that the prosecution's interpretation would violate the First Amendment's protections against vagueness and overbreadth.
"This case demonstrates the real dangers of criminalizing politics," said Barr. "Americans should not have to worry about government investigating and imprisoning them just because they exercised their constitutional rights. Fortunately, the Court realized that the First Amendment precludes just this sort of abuse."
The Texas Court of Criminal Appeals is the highest criminal court in Texas, and the prosecution cannot appeal today's ruling.
"The case is finally over, and today's ruling vindicates Tom DeLay entirely," said Klein. "However, most of the damage cannot be undone: millions of dollars in expenses, tarnished reputations, and the stress of enduring a decade of unwarranted persecution."
The DeLay prosecution lasted over a decade, amidst numerous Supreme Court cases relating to election law, the IRS scandal and the growing reach of state election laws nationwide.
"The DeLay case inspired similar prosecutions across the country," said Barr. "Today, prosecutors in Wisconsin are trying out their own scheme, tying down Governor Scott Walker and numerous grassroots organizations in a prosecution just as appalling as DeLay's. We helped win an important battle today, but the war for political speech is just beginning. We look forward to the next fight."
Steve Klein, staff attorney
Wyoming Liberty Group
