DeLay Lawyers to Seek Dismissal

http://news.yahoo.com/s/ap/20051122/...azkxBHNlYwN0bQ--

By APRIL CASTRO, Associated Press Writer
Tue Nov 22, 8:46 AM ET

AUSTIN, Texas - Attorneys for Rep. Tom DeLay are hoping a judge will dismiss the conspiracy and money laundering charges against the former House majority leader so he can regain the powerful seat.

DeLay was to appear in court Tuesday before a judge who will decide whether the criminal case should continue to trial.

DeLay had to relinquish his leadership post in Congress after he was indicted in September. His attorneys are pushing for a December trial in hopes that DeLay is cleared so he can regain his title before Congress returns to session in January. Otherwise, lawmakers could elect a new majority leader.

Tuesday's hearing is DeLay's first before Senior Judge Pat Priest, who was appointed to the case after DeLay's attorneys succeeded in having the first judge removed because of his campaign contributions to Democratic candidates and causes.

DeLay is accused of funneling $190,000 in restricted corporate money from his Texas political action committee to an arm of the Republican National Committee, which then gave the same amount of money to Texas legislative candidates in 2002. The direct use of corporate money for political purposes is illegal in Texas.

DeLay's attorney, Dick DeGuerin, has filed multiple legal briefs detailing why he believes the charges against the lawmaker should be dismissed.

The defense contends, for example, that DeLay shouldn't be charged with conspiracy to violate the election code because the law wasn't on the books until 2003, a year after DeLay's alleged offenses occurred.

Travis County District Attorney Ronnie Earle has said state law has long defined conspiracy as an agreement to commit any felony, including a violation of the election code.

DeLay's attorneys also want to have the trial moved from liberal-leaning Austin, where they say he cannot get a fair trial, to his home county of Fort Bend. But that issue likely won't be decided until a later hearing.