Texas appeals court upholds dismissal of DeLay charge

HOUSTON (Reuters) – A Texas appeals court on Wednesday
upheld a lower court’s decision to throw out a conspiracy
charge against former U.S. House of Representatives Republican
leader Tom DeLay.

The Texas Third Court of Appeals said a lower court was
correct when it quashed an indictment charging DeLay with
conspiracy to violate state election law by allegedly funneling
corporate money to Republican candidates for the state
Legislature in 2002.

The court said the statute making conspiracy to violate
election law a crime was not enacted until a year after DeLay
is alleged to have participated in the effort to fund
Republican candidates with corporate money.

DeLay said earlier this month he would abandon a
re-election bid and resign his House seat this summer, in part
because of indictments brought by Travis County District
Attorney Ronnie Earle.

DeLay still faces trial on money-laundering and conspiracy
to launder money charges.

DeLay’s attorney, Dick DeGuerin, said the charges were part
of an effort by Democrats like Earle to rewrite the 2002
election, when Republicans took control of the Legislature.

“It’s payback against Tom DeLay,” DeGuerin said.