The Final Stretch

Today the D.A. will rest its case, and the prosecution team seems almost giddy. Assistant D.A. Gary Cobb has examined most of the key witnesses, and co-prosecutors Beverly Matthews and Holly Taylor have questioned several others. Their boss, Rosemary Lehmberg, has checked in on them almost daily.

Reporter Laylan Copelin will testify this morning following another well-seasoned political reporter from Austin, Harvey Kronberg. After their testimony the jury will view a videotape of DeLay being interviewed by FOX News only days after stepping down from his leadership position, due to this indictment, in October 2005. By that time, DeLay had been promoted by fellow Representatives to Speaker of the House — the third most powerful position in the U.S. government. Quid pro quo?

But before testimony begins, the judge takes a moment to address the jury. "You already know everything I'm fixin' to tell ya," says Priest, before confirming that all Americans, regardless of race, creed or color, are entitled to fundamental rights including their opinions on political issues. And nowhere is that freedom recognized more than it is in our legal system. "In courts such as this one, you're allowed to be tried on your conduct — regardless of your political views," concludes Priest.

Harvey Kronberg, editor of The Quorum Report, has been reporting on Texas politics for over 25 years. He remembered seeing DeLay at the state capitol in April 2003, and again intermittently throughout the session, after Republicans had successfully gained control of the House (and Senate) and redistricting legislation was in full gear. During cross-examination, Kronberg characterized DeLay as "the most influential politician interested in redistricting." DeGuerin responded, "The governor, the state speaker, and the lieutenant governor were also interested, weren't they?"

As U.S. House Majority Whip, Tom DeLay was certainly more influential than DeGuerin's alternate suggestions.

As a matter of fact, in some circles it was well known that DeLay played a major role in the 2003 redistricting. According to Jeffrey Toobin's story on the subject published in The New Yorker, "for three days in October 2003, Tom DeLay left his duties as majority leader of the House of Representatives and worked out of the Texas state capitol." He personally shuttled proposed maps between elected officials. When asked about his role in the negotiations he responded, "I'm a Texan trying to get things done." In the same article, Texas senator John Cornyn was quoted as saying, "Everybody who knows Tom knows that he's a fighter and a competitor, and he saw an opportunity to help the Republicans stay in power in Washington."

Maybe that's why DeGuerin has gone to such great lengths to minimize his client's involvement in the '03 redistricting, and perhaps that's why he's such a legendary criminal defense attorney. He's a keen strategist who got real estate heir Robert Durst acquitted of murder in 2003 on a self-defense angle, even though dismembered parts of his victim's body were found floating in Galveston Bay.

Copelin takes the stand. His testimony will mark the first time the reporter has testified in a trial he is simultaneously covering. However, it won't be the first time Copelin is cross-examined by attorney Dick DeGuerin. He was also a witness in the trial of Austin socialite Celeste Beard, a former DeGuerin client who was convicted in 2003 of murdering her wealthy husband Steven.

There really isn't much for Copelin to say. The tape and DeLay's own words speak for themselves. "I probably could have stopped it, but why would I?" said DeLay. "Everyone was doing it." His comment correlates with one he made earlier during a taped interview with the D.A. in 2005. DeGuerin wants the jury to think that DeLay didn't know about the transaction until Oct 2, 2002, "after the deal was already done." Actually, the RNSEC checks weren't cut and mailed until Oct 4.

The FOX News interview is played to the jury on a 54" TV screen. It's Chris Wallace's Sunday morning show — lots of red, white and blue — and DeLay is the exclusive guest. The evidence, certainly the most entertaining of the lot, will be limited to a short segment dealing specifically with the indictment.

Though the interview is only five years old, the Tom DeLay on the screen looks perkier and 10 years younger than the one sitting in the courtroom. "This is a frivolous indictment. I am indicted just for the reason to make me step aside as majority leader." claims DeLay. "This is politics at its sleaziest, and people will recognize that and see it for what it is."

Jurors are now viewing a cockier Tom DeLay; the one I recall — not the one who would later embarrass himself by dancing on a reality TV show. No, this is the Tom DeLay who would more commonly embarrass himself with his words, not his actions.

"I don't know, but my lawyers tell me that this is so frivolous, so over-the-top, so embarrassing to the Judiciary that we ought to be able to get it out of here pretty quickly." It sounds as though his lawyers were telling him plenty at that time. "Everything goes though lawyers, so you don't have an intent to commit a crime if a lawyers tells you you haven't committed a crime," he continued.

Wallace questions him about his involvement with TRMPAC and presents a copy of an email sent to Texas oilman Boone Pickens. 

WALLACE: And it says, "Tom DeLay agreed to help us and has been an ardent advocate for us at raising money, making phone calls, serving as a special guest at events and providing assistance with leading strategists." Here sir, is the e-mail. I mean, it looks like you're a lot more deeply involved than you say you were. 

DELAY: This is nothing but telling contributors what's going on, and most of this I was doing. I was... 

WALLACE: Raising money. 

DELAY: ...raising money, making money phone calls when necessary, letting them use my name on fundraising letter. Yeah, sure. 

WALLACE: Well, here's another... 

DELAY: By the way, there's nothing illegal about that. 

WALLACE: No, no, no. I know it. It just speaks to the question of how much you either knew or didn't know about the day-to-day operations of TRMPAC.

When asked about his knowledge of the money swap, DeLay responds, "The first time (I knew of it) was in, I think, October — the first time I saw Jim Ellis since that event happened was in October when he does come to a meeting, my scheduling meeting, I think that's when he, walking out of the office, said 'Oh, by the way, we sent money to RNSEC.'"

When did he know? That is for the jury to decide.

The prosecution rests its case.