Criminal defense in Austin Texas.

DeLay & Justice

Posted By on June 1, 2009

The other day a prosecutor told me that a pretrial writ of habeas corpus couldn’t be used to attack the constitutionality of a statute.

I knew he was wrong, but I didn’t have a case that said so.  So this morning I searched “pretrial writ of habeas corpus constitutionality,” and the first case I found was “Ex Parte Ellis.”  And the second.  And 4th.  And the 8th 9th and 10th.  In fact, out of the first ten results, Ellis was six of them.

If you don’t know (and why would you?) Ellis is the DeLay case.  The one where the court of appeals said checks are not “funds” for the purposes of the money laundering statute – even though that issue was not actually before them.  Since Delay and assoc.’s used checks, not cash, to launder their funds… well, you get the rest.

What’s amazing – well, there’s lots of amazing things about the DeLay case – but ONE amazing thing is the vast ocean of judicial ink that’s been poured out for him.  The Court of Criminal Appeals was able to dispense with the case of a tweeker who got 85 years in prison for a bucket of toilet water in the matter of a few paragraphs.  But DeLay & friends have consumed approximately a bajillion hours of judicial attention… and their case hasn’t even gone to trial yet.

For more, read “So THAT’s why Tom DeLay isn’t in prison yet.” (Everyone is equal… but some are more equal than others.)


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