Judge Throws Out Conspiracy Charge Against DeLay

Money laundering charges against Republican Rep. Tom DeLay were upheld Monday, dashing his hopes for reclaiming his post as House majority leader, but the judge dismissed charges related to any conspiracy to violate Texas' election code.

Judge Pat Priest, who is presiding over the case against the Texas Republican, ruled on several motions filed by prosecutors and DeLay's attorneys last month.

DeLay was required under House rules to relinquish the leadership post he had held since early 2003 when he was indicted in September in a finance scheme centered on the 2002 Texas House races. Rep. Roy Blunt of Missouri became majority leader.

At a hearing Nov. 22, DeLay's lawyers asked for a quick decision on their request for dismissal of all charges, and, if the ruling went against DeLay, a prompt trial, in hopes that he could regain his leadership post by the time Congress reconvenes in January. The House is expected to return late next month.

But the judge said at the time that it was unlikely the case would go to trial before the first of the year.

In asking that the case be thrown out, DeLay lawyer Dick DeGuerin argued that one of the charges - conspiracy to violate the Texas election code _ did not even take effect until September 2003, a year after the alleged offenses occurred. Priest dismissed that charge, citing those grounds.

Prosecutors, however, said the crime of conspiracy was already on the books, and could be applied to the election code even though such uses were not explicitly in state law at the time.

DeLay and two Republican fundraisers, John Colyandro and Jim Ellis, are accused of illegally funneling $190,000 in corporate donations to 2002 Republican candidates for the Texas Legislature.

Under Texas law, corporate money cannot be directly used for political campaigns, but it can be used for administrative purposes.

DeLay's lawyer argued that under those rules, the corporate contributions were legal.

The case ended up before Priest, a Democrat, after DeLay's attorneys had a previous judge removed for contributing to Democratic candidates and causes. Priest has made few political contributions over the years.