DeLay Was Offered Deal before Indictment

By Mary Curtius, Times Staff Writer


WASHINGTON -- Before indicting Rep. Tom DeLay (R-Texas) on conspiracy and money-laundering charges, a Texas prosecutor offered the congressman a chance to plead guilty to a misdemeanor charge that would have let DeLay keep his job as majority leader, the lawmaker's attorney said today.

In a letter to Travis County Dist. Atty. Ronald D. Earle, attorney Dick DeGuerin said the prosecutor "tried to coerce a guilty plea from Tom DeLay for a misdemeanor, stating the alternative was indictment for a felony which would require his stepping down as Majority Leader."

Under the rules of the House Republican caucus, any member of the leadership who is indicted for a felony must step down from the post.

A spokesman for Earle did not return a phone call seeking comment on the letter or the motions for dismissal of the charges. DeGuerin did not return a phone call seeking details on the allegations.

The letter informed Earle that DeLay was filing new motions in an Austin court seeking to dismiss the charges.

DeLay has fought back hard since two grand juries indicted him last month on charges of conspiracy and money-laundering in a campaign finance case. DeLay has accused Earle, a Democrat, of pursuing a political vendetta against him, and has strongly denied any wrongdoing. He has filed several motions seeking to get the charges dismissed.

But this was the first time that DeLay has said Earle tried to persuade him to plead guilty to a lesser charge. In the letter, DeGuerin told Earle that DeLay "turned you down flat so you had him indicted." He accused Earle of acting "in spite of advice from others in your office that Tom Delay had not committed any crime."

DeLay's legal woes have caused turmoil within the ranks of the House Republican majority. With DeLay, the second most powerful man in the House, on the sidelines, conservatives have been flexing their political muscle and challenging the leadership. They have demanded deeper budget cuts to offset the costs of rebuilding the Gulf Coast in the wake of Hurricanes Katrina and Rita and have pushed for the election of a new, permanent leadership in January.

DeLay has vowed to regain his leadership position and has said he wants a speedy resolution of the charges against him.

In the motions filed today, DeGuerin sought to dismiss the conspiracy and money-laundering charges on a number of technical grounds. The motions allege that Earle improperly sought venue in Travis County instead of Fort Bend County, DeLay's home county. DeGuerin asked for a speedy trial because of the political damage the charges are doing to DeLay.

The charges against DeLay and two of his close associates came after a lengthy probe into allegations that they had illegally funneled corporate money into the bank accounts of Republican state candidates in an effort to influence the 2002 elections. A grand jury initially indicted DeLay on a charge of conspiracy, a fourth-degree felony punishable with up to two years in state prison.

Within a week of the first indictment, a second grand jury indicted DeLay on the far more serious charges of conspiracy to commit money-laundering, a second-degree felony, and money-laundering, a first-degree felony. The second grand jury's charges could together bring a life sentence.

The charges focus on a $190,000 check written to the Republican National Committee in Washington by Austin-based Texans for a Republican Majority, founded by DeLay in 2001. The money was collected from corporations across the United States and helped fund the campaigns of seven Republican candidates for the Texas Legislature. DeLay has said he had nothing to do with the day-to-day operations of the committee.

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