Informed Speculation

The Commissar has a very comprehensive set of reaction links about the Travis County D.A. here. The Wall Street Journal weighs in, as well:

The Majority Leader…deserves the presumption of innocence because of Mr. Earle’s guilty past. A liberal Democrat, he has a history of indicting political enemies, Democrat and Republican, on flimsy evidence that didn’t hold up in court. In the mid-1980s, he indicted Attorney General Jim Mattox, a rival of his ally Ann Richards, on bribery charges. Mr. Mattox was acquitted and won re-election.

In 1993, he indicted Kay Bailey Hutchison, who’d just been elected to the U.S. Senate, on charges of misconduct and records tampering. Mr. Earle was forced to drop the case even before it went to trial. Earlier this year, the prosecutor delivered a widely criticized speech at a Democratic fund-raiser in which he compared his prosecutorial targets to “Mussolini and his fascists” and all but declared that he had Mr. DeLay in his sights.

As for political motive, Mr. DeLay has earned the wrath of Democrats by beating them time and again at their own game. His re-redistricting of the Texas Congressional delegation before the 2004 election helped turn six House seats over to the GOP. Without his prodding, the House would never have voted to impeach Bill Clinton in 1998. And his fund-raising and arm-twisting have kept the GOP House majority both unified and re-elected for a decade.

The Washington Post is skeptical:

…[O]n the evidence presented so far, the indictment of Mr. DeLay by a state prosecutor in Texas gives us pause. The charge concerns the activities of Texans for a Republican Majority (TRMPAC), a political action committee created by Mr. DeLay and his aides to orchestrate the GOP’s takeover of the Texas legislature in 2002. The issue is whether Mr. DeLay and his political aides illegally used the group to evade the state’s ban on corporate contributions to candidates. The indictment alleges that TRMPAC took $155,000 in corporate contributions and then sent a check for $190,000 to the national Republican Party’s “soft money” arm. The national committee then wrote $190,000 in checks from its noncorporate accounts to seven Texas candidates. Perhaps most damning, TRMPAC dictated the precise amount and recipients of those donations.

This was an obvious end run around the corporate contribution rule. The more difficult question is whether it was an illegal end run — or, to be more precise, one so blatantly illegal that it amounts to a criminal felony rather than a civil violation. For Mr. DeLay to be convicted, prosecutors will have to show not only that he took part in the dodge but also that he knew it amounted to a violation of state law — rather than the kind of clever money-trade that election lawyers engineer all the time.

Mr. DeLay’s spokesman said this month that “to his knowledge all activities were properly reviewed and approved by lawyers” for TRMPAC. If so, the criminal law seems like an awfully blunt instrument to wield against Mr. DeLay. If not, we look forward to seeing the evidence.

As is Captain Ed:

I remain deeply skeptical about a criminal complaint concerning what appears to be a manuever used openly by both political parties and only one of them being held accountable for it — by an activist for the other party.

Delay’s no angel, but that doesn’t make him a criminal…