Delay responded with the typical partisanship this, partisanship that. What is it with republicans resorting to partisanship when they fuck up? Yea, that's it. Ronnie Earle: Partisan Prosecutor. Paul Krugman: Partisan Columnist. Gus Boulis: Partisan Bullet Catcher.
You may have seen that Delay's attorney filed a motion to dismiss on the conspiracy charge based on a technicality. University of Texas law professor George Dix doesn't think it will fly. From the Austin Statesman:
George Dix, a professor at the University of Texas law school who is an expert in criminal law and procedure, said he doesn't believe changes made to the Texas election code by the 2003 legislature have any effect on the conspiracy charge.
The penal code's conspiracy charge allows for the charge if the defendants allegedly conspired to commit any felony, including an election code felony.
Just because the election code was "silent" on the penal code provision until 2003, it doesn't mean it wasn't a valid charge before 2003, Dix said.
"To me it just says, 'We really mean what we said implicitly before,' " Dix said.
Delay is trying to use this technicality to prove a witch hunt is on. Don't buy it. The judge that has to rule on this is on vacation and every other state judge refused to hear the case. They will wait on the assigned judge to come back. That tells us that the other judges don't want to piss off a powerful man.
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