Houston Chronicle

Michael Hedges, 20 March 2006

WASHINGTON - Rep. Tom DeLay, who emerged victorious from the Republican primary and hoped to dispose quickly of ethics controversies, remains in a legal limbo that could keep him under a cloud through the November election, according to lawyers involved in the Washington and Texas ethics cases.

The investigation into lobbyist Jack Abramoff's bilking of Indian gaming clients has not directly implicated DeLay. But it has led federal authorities to examine the actions of lawmakers and staffers with whom Abramoff worked, and DeLay is likely to be linked to the probe for the foreseeable future because of his previous close association with Abramoff.

Former DeLay spokesman Michael Scanlon, who was an Abramoff business partner, has pleaded guilty to fraud charges in the case, and a former DeLay deputy chief of staff, Tony Rudy, remains under intense scrutiny by prosecutors. Either one's cooperation with federal investigators could lead investigators to more information about DeLay, a Republican from Sugar Land.

Justice Department officials have declined to comment on DeLay's status in the wide-ranging probe into whether Abramoff or his associates got favors in return for contributing money to lawmakers' campaigns and arranging foreign trips for the lawmakers.

"The Justice Department has not approached us for any information or cooperation," said Richard Cullen, DeLay's attorney in the Abramoff corruption investigation. He said there is no reason to think DeLay is in legal jeopardy.

"Not even Tom DeLay's most fierce political enemies have alleged he has done anything criminal (in connection to the Washington investigation)," Cullen said. "It makes me wonder why the Chronicle feels compelled to write a story like this when there is no allegation he has done anything a prosecutor would be interested in."

The House Democratic leader, Nancy Pelosi of California, did essentially make such an allegation in January, saying in a letter to House Speaker Dennis Hastert, R-Ill., that Democrats expect the House ethics committee to look into the "alleged violations of criminal laws and the rules of the House" by DeLay and three other Republican lawmakers with ties to Abramoff. DeLay took trips to Russia and Britain that were indirectly funded by Abramoff and have drawn the attention of investigators to see if they involved funding that might have been improper.

Abramoff recently told Vanity Fair magazine that he didn't extensively lobby DeLay, partly because they already were in tune as conservatives.

Cullen has said the article supports the contention that there was no trade-off of legislative favors involved in their trips or their other dealings.

'A ticking time bomb'But DeLay can't rest easy until it becomes clear what Abramoff has told prosecutors about their relationship during extensive debriefing sessions before and since his guilty plea in January.

"People expect further indictments before November, which may very well be at a lower level," said Larry Noble, executive director of the Center for Responsive Politics, a Washington group that monitors money in elections. "Then prosecutors will see how high they can take it. This is a ticking time bomb and no one knows when it will go off or how far it will detonate."

Lawyers involved in the case, speaking on the condition that they not be identified, confirmed the assertion that the investigation could easily still be in progress in early November, when the general election for DeLay's 22nd Congressional District seat takes place.

DeLay will face Democratic challenger and former Congressman Nick Lampson and a yet-to-be-named Libertarian candidate. Steve Stockman, a former Republican congressman, is seeking a place on the ballot as an independent.

Rudy, the former DeLay aide, adds another dimension to the investigation of DeLay in Washington.

Documents released by federal prosecutors made it clear that Rudy has been in significant legal jeopardy. He is believed to be cooperating with federal officials, and sources close to the case said he is expected to reach a plea deal with the Justice Department. But details of those negotiations have not surfaced.

The details could be of critical importance to DeLay.

The prosecutors' documents depicted an unnamed congressional aide, separately identified as Rudy, improperly influencing congressional action on behalf of Abramoff's Indian gaming clients. But there was no indication that DeLay was aware of Rudy's activities.

In court documents released in January, Rudy was described as "Staffer A," who helped Abramoff stop legislation that would have hurt his clients. One bill opposed by Indian gaming interests would have banned Internet gambling; another, opposed by magazine publishers, would have raised postal rates.

In return, Abramoff funneled $50,000 to the political consulting firm of Rudy's wife, Lisa, prosecutors said in court documents. The money was "obtained from (Abramoff's) clients who would and did benefit from Staffer A's official actions," the prosecutors said. Rudy then left Congress to work directly for Abramoff.

Cullen said DeLay had no knowledge of any work by Rudy on behalf of Abramoff's clients.

DeLay also must contend with criminal charges in Texas.

Next week, an appellate court in Travis County will hear District Attorney Ronnie Earle's argument to reinstate conspiracy charges against DeLay. The issue must be resolved before the lawmaker can be tried on pending charges of money laundering brought by Earle after an investigation of DeLay's Texas fundraising.

There are several legal moves remaining for both sides before DeLay's Texas lawyer, Dick DeGuerin, can achieve his goal of getting the charges into court.

A key tactic by DeLay's legal team is an effort to have the case moved from Travis County, a Democratic stronghold, to a venue more politically sympathetic to DeLay, like his home base of Fort Bend County. That request would be considered by a judge just before a trial commenced.

Given the pretrial snarls and likely appeals, a trial date in late July or early August appears most likely, DeGuerin said.

"Generally speaking, Mr. DeLay has put all his confidence in the legal system that these charges will be resolved in a timely fashion," DeGuerin said.