What's Going on in Texas?

I don't weigh in often on the Tom DeLay case. Frankly, election law is so convoluted and complicated it is hard to know where to start. But, as this case has unfolded there has been some disturbing and confusing elements to it, raising red flags.

First there was the jury shopping, and the revelation that two out of three grand juries don't find grounds for indictment. It's almost as if the final grand jury was entirely comprised of the proverbial "fifth dentist."

Earlier this week, it was revealed that prosecutor Ronnie Earle's key piece of evidence, a list of Texas Republicans complete with dollar amounts next to their names, is a fabrication. Always was a fabrication. Never shown to the grand jury.

This sounds suspiciously like the Mary Mapes/Dan Rather school of investigation. The documents don't exist, but the information they contain is probably accurate.

Power Line today has the motions filed by DeLay's attorney, Dick DeGeurin, for dismissal of both the first and second counts of the indictment against DeLay.

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They are worth a read.

Judging by the contents, it becomes even more difficult to determine that a crime was actually committed. Earle has accused DeLay of breaking laws that weren't even on the books at the time of the "violation." In many cases, it appears that Earle has failed to articulate even how those laws may have been broken. He also fails to produce a key piece of evidence and even admits to never possessing said evidence. Finally, he has taken DeLay's "election violations" and improperly filed them as penal code violations. This last, an attempt to move the trial, seems especially suspect were a prosecutor to have a strong case.

I was perfectly willing to let DeLay out with the bathwater if indeed he had committed election fraud and the crime of money laundering. As more light is shed on the the case though, that outcome looks less and less possible.

Perhaps that is why DeGeurin has sent this letter to Earle.

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In its rush to pronounce DeLay guilty, the left seems oblivious to the dangers of over-zealous prosecutors, jury shopping, and the intergrity and weight of evidence. While they are certain a crime has been committed, they are unable to articulate what actions are crimes and even how those actions are criminal.

This last should come as no surprise. Earle himself seems incapable of articulating exactly what Delay is indicted for, even in the context of the indictments themselves.

If DeLay is found guilty, the left will have removed a powerful Republican figure from the public eye. If these charges are dropped however, or DeLay is found innocent, they will look like a bunch of McCarthy-ites salivating to take down enemies at any cost.

Given the vacuum that the Democratic Party has become, and the seemingly flimsy nature of this case, one might think they would have given that some thought. If indeed DeLay walks away from this unscathed, Democrats will be left holding little but the shreds of their own reputations, spent on the savagery of DeLay's character.

Of course, for the left, character assassination has long since been not an unsavory byproduct, but an end-game in itself. It is rationalized as a necessary tactic against evil people. If DeLay is a racist, homophobe, liar who dines on the blood of American children, than of what consequence is it to attack his character?

I don't know if DeLay is guilty or not. Then again, I haven't painted myself into a corner on the question. But the Democratic Party sure has.

They better hope they are right.