Friday, September 30, 2005

An Attorney's take on the Delay waiver

There are a few folks out there talking about Tom Delay’s waiver of the statute of limitations.

Crime and Federalism predicted the Tom Delay would enter a guilty plea by the end of the year, and has clear knowledge and experience with the practice he calls charge bargaining.

So why am I so sure he'll plead? A line in the indictment notes that his lawyer waived the statute of limitations on the conspiracy charge during grand jury proceedings. Why would a competent lawyer waive a complete defense? Because worse was on the way if he did not.
Initiates know the practice as charge-bargaining. You see a funnel cloud barreling at you and you ask your local prosecutor, quietly, "on what charges are you willing to take my client if he pleads?" I suspect DeLay will enter a plea late in the year.

I am completely baffled as to why legal experts aren’t talking about this issue. The indictment makes it very clear that the waiver was given specifically for the charge.

Tom Delay needs to answer this question. House leadership is “temporary” in nature, and as a result not fully and completely in control. The longer he lingers, and doubts circulate, the more damage will be done to the party and the upcoming elections.

Tom Delay owes it to his supporters to explain his status and discuss the deal he has made with this prosecutor.

Update 2:30pm 9/30

the Liberal blogs are starting to talk about this issue. Example

But silence in places like Malkin and NRO. Maybe I'm missing something.