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September 25, 2013 Appellate Court Acquits Tom Delay in Texas
A Texas appeal court has reversed the guilty verdict against Tom DeLay for money laundering entered a couple of years ago by an Austin, Texas, trial court. However, instead of sending it back to the lower court for a new trial, the appellate court entered a judgment acquitting DeLay of the commission of a crime. There is a significant difference between an acquittal and the usual remedy in such a situation which is simply sending the case back for a new trial. The appellate court’s action was a complete repudiation of the trial court, thus confirming that the prosecution of DeLay was an example of the politicization of the criminal process.
It will be recalled that DeLay, a very powerful Republican who was the Speaker of the House of Representatives in the U.S. Congress, was targeted by a Democratic Houston prosecutor named Earle, for purely political reasons. Earle was well known for indicting his political enemies and that included some who were Democrats. When Earle was unable to get a Houston Grand Jury to indict DeLay, the case was taken to Austin, the hot bed of leftists in Texas, where a left wing Grand Jury entered the indictment against DeLay for money laundering. The alleged crime consisted of DeLay’s sending some of the money in his campaign war chest to Republican legislative candidates in Texas. Some of the money in Delay’s campaign account consisted of entirely legal contributions from corporations. The Texas statute relating to campaign contributions prohibits corporations from contributing to political campaigns but does not apply to federal candidates such as DeLay. The practice DeLay was following was widely recognized as being beyond the reach of the Texas statute relating to political contributions.
The Texas money laundering statute makes it illegal for persons such as drug dealers to run their ill-gotten gains though legal bank accounts to sanitize them. The theory of Earle and his fellow leftists in Austin was that DeLay’s corporate contributors had run their contributions through DeLay’s campaign account to put them beyond the reach of the Texas political contributions act. Their theory was total nonsense. There was no evidence that any part of the money in DeLay’s war chest was intended for Texas political candidates at the time it was contributed to DeLay. Once in DeLay’s war chest it was, of course, mixed with the rest of the money already there. The money sent to Texas by DeLay was not ill-gotten in any sense, and not, therefore, covered by the Texas campaign contributions statute. No illegally obtained money had been laundered
The Texas appellate court recognized the Earle tactic for what it was, a contrived effort to politicize the criminal process by using a law to cover a situation it was never intended to cover. Nothing could be more destructive of our bedrock principle of the rule of law than the prosecution of DeLay in those circumstances. In fact our bill of rights was included in the Constitution as a reaction to the same kind of tactics used in England in the notorious Star Chamber proceedings. There can be no justice, indeed there can be no democracy, when those in power can corruptly use the criminal process to send their political opponents to jail.
The DeLay conviction was covered in a previous posting on this website. The action of the Texas Democrats in this case is just one of many examples of the fact that leftists are guided by only one principle and that is power. When one attempts to make this argument it is usually met with the response known as ‘a pox on both of their houses,’ in which it is asserted that there is no difference between the political tactics of Republicans and Democrats. While extensive research may find an instance where Republicans have been guilty of conduct similar to that of the Democrats in this case, it has to be contrasted with the ‘business as usual’ approach of the Democrats in similar circumstances. Another case that differs but little from the DeLay case, and was going through the courts at about the same time, was that of Scooter Libby who was convicted by DC jury of a crime that was never even committed. Libby’s prison sentence was commuted by President Bush, but that does not erase the conviction in the same way that a pardon would.
July 27, 2016 Random Thoughts
July 27 2016 #244 Cowardly Enablers
As if he wanted to nail down the accuracy of the brief pseudo-psychoanalysis of him in the previous post, Charles Krauthammer couldn’t wait to give us more evidence in another exchange with Bill O’Reilly. This time the conversation was about Black Lives Matter and the extent to which it must bear the blame for the recent police murders in Dallas and Baton Rouge. O’Reilly was asking him if there wasn’t good evidence of a connection between the killings and prior provocative statements coming from gatherings of BLM members. Specifically, reference was made to a demonstration in New York City in which the marchers were chanting “Pigs in a blanket, fry them,” which was clearly a call to kill cops. O’Reilly also mentioned that one of the killers left evidence that he was motivated by that organization. Charles response was to ridicule the idea that a demonstration in New York City could possibly be the motivation for killings in Louisiana and Texas. He went on to brand any such idea as racist. Charles was picking up on the mainstream press position that the killings are further evidence the white majority, including white police, is to blame for all the current violence and that the whole string of police killings are a result of police mistreatment of blacks over a long period of time. It is simply a part of white privilege. Charles isn’t the only one at Fox News who has joined BLM, the extreme left, and the mainstream press in blaming the police for the current turbulence. Shephard Smith castigated Governor Bobby Jindal of Louisiana for connecting BLM and the murders.
Krauthammer and his comrades have gone so far over the edge this time that one must seriously wonder about their sanity. The conclusions reached in the last post on this website are no longer pseudo-psychology. They are truth. Those who seek to shift blame for their dastardly acts to those who are suffering from such acts are just plain nutty. Their position cannot be explained away as a simple alteration of reality by pacifists who ‘can’t stand the truth.’ There are mountains of evidence pointing in the opposite direction from that suggested by the crazy ones, and little or none to support their weird position. To begin with, who in the hell would want to hang their credibility on the premise that a rally of cop killing advocates chanting cop killing slogans in New York City could not be the cause of police killings in Louisiana and Texas, as Krauthammer did when putting the racist label on anyone who blames the police killings on The Black Lives Movement. Videos of those demonstrations were carried on nation-wide TV with an infinite number of repetitive showings. Only someone coming out of a century-long coma could conceivably come up with a statement that the influence of that demonstration could not reach beyond the City limits of New York, and even then such a claim would cause people to shake their heads in disbelief. At the very least, the statement by Krauthammer certainly explains why he quit being a psychiatrist. Yet, he has strayed no further from the rational than most of his cohorts.
BLM is only the last in a long line of similar movements and sub-movement carrying the same message; that of black power challenging white privilege. All of them have been based on totally fictional charges which supposedly represented instances of abuse of black victims by white law enforcement individuals, and particularly white policemen, and every one of them has been discredited when the evidence was exposed to the light of public discussion, or, in some instances turned over to the legal system for disposition where they have been found to be false. Despite being based entirely on lies, the fabricators of these lies continue to recite the litany of false claims as a prologue to the next succeeding one, as though all of these false claims had been found to be valid. The effect is almost surreal as the zombies in the mainstream press mechanically nod their heads in agreement during the recitation. That effect is heightened by the glaring headlines, hours of TV coverage devoted to the rolling out of each them, despite the fact that there are a very small number of people who are doing the hysterical screaming and demonstrating on which each of these movements depends. There may be no more than five or six thousand of these creeps nationwide. The same lunies show up at each new demonstration, and, in between times, take time off to staff the occasional Occupy Wall Street shindig or fake Campus Rape gatherings. When Al Sharpton or one of his lieutenants can muster a couple of hundred of the ‘mules’ of the radical left or black power movements, in Chicago, or 1000 or so in New York City, the press reacts with hours of sensational coverages creates an image of the nation being aflame as ‘hundreds’ or ‘thousands’ supposedly wreak havoc in one place or another. The cameras are directed to up-close shots of the most animated of the mules and away from the more sluggish of them on the fringes. The effect of all of this coverage is to obscure the fiction on which the whole charade is based, and give it the appearance of reality. This is all good propaganda technique, and the gullible public swallows it whole.
In every one of these movements, from Tawana Brawley to Freddy Gray in Baltimore, the fictional nature of the charge is either blatantly clear from the beginning or quickly apparent from the news coverage that follows. Non-the-less the phony charges are constantly repeated throughout days, or even weeks, of wall-to-wall coverage. All of them are based on outright lies. Tawana Brawley and the black woman involved in the Duke Lacrosse team debacle fabricated their entire charges out of whole cloth with absolutely no evidence to support them and mountains of undisputable evidence to the contrary. In the latter case the lame-brain, left-wing, prosecutor who knowingly acted on the false charges was, himself, charged with a crime. In the Trayvon Martin case, the initial charge was based on a lie told in an NBC news story which portrayed George Zimmerman as a bigoted white male neighborhood watch volunteer who had wantonly murdered an innocent and passive young black male. The evidence that emerged, without dispute, showed that Martin attacked George Zimmerman with the intent to kill him, and nearly succeeded in wresting Zimmerman’s gun from him in attempt to carry out that intent. Every impartial lawyer in the nation knew that there was no basis for filing any charges against Zimmerman and yet a leftist/feminist prosecutor did file charges, and brought the case to trial before a jury which promptly acquitted the defendant. Nevertheless, the false charges, and the almost comically bestowed sainthood of Saint Trayvon, continues to be repeated every time a new incident of a young black male being killed by police while engaged in illegal activity, and based on equally false charges of police brutality, surfaces. The Ferguson, MO case was a virtual replay of the Trayvon Martin one, with the same outcome and a new Saint being canonized. The saga of St. Michael, whose purity and virtue were revealed when he was killed by a cop who was trying to arrest him for the strong-arm robbery of a convenience store, is reverently recited along with that of St. Trayvon’s as each new such incident arises. St. Michael tried to wrest the cop’s gun from him to be used to kill the cop, but was shot in the hand in the attempt. The saga of St. Freddy in Baltimore has many of the same elements as that of St. Trayvon and St. Michael. St. Freddy died in the back of the police van in which he was being transported to jail for resisting arrest. Another passenger in the van at the same time stated that St. Freddy appeared to have kept throwing himself against the sides of the van in an apparent suicide attempt. Six Baltimore cops were charged with some form of homicide, and every one that has been tried so far has been acquitted, and, now, charges have been dismissed against all six. Every reasonable person examining the claims of police brutality in this whole string of incidents has concluded that none of them were valid. Yet, the same fiction that fueled them has been picked up by the BLM and the ante was upped by that most recent Movement to encourage the killing of cops.
One would think that rational people such as Charles Krauthammer, or at least he is often represented as such, would realize that every time they fail to reject the fictional basis and the anti-social effect for these movements, they are validating them and encouraging the growth of new ones. If their pacifist, elitist, feminized natures prevent them from taking any sort of a stand against this evil, they should be reminded that it is not just peaceful demonstrations that they are enabling. In Ferguson, MO, the so-call demonstrators were able to enlist a large number of felons, thugs, and gangsters from the nearby ghetto, who saw an opportunity to loot, burn, rob, and steal while Al Sharpton shouted through his bullhorn: “You are not looters, you are liberators.” Far worse than that, however, is the fact that more and more policemen are being murdered in the name of the fictional grievances that are being given credibility. Social disapproval of bad behavior is a powerful force in controlling anti-social tendencies. Social approval encourages good behavior, and it can also encourage bad behavior.