Grand Jury Might Serve Up Indictments
Today in 2002 Campaign Finance Probe

There was intense speculation Monday in both Republican and Democrat political circles that grand jurors will vote to issue formal charges against multiple defendants before the panel's term expires today. The current grand jury is the third that has been impaneled to probe the possibility that corporate money was used illegally to influence the outcome of races that swept Republicans into control of the Texas House for the first time in more than 130 years.

Such an announcement with only six weeks remaining before the November 2 general election would leave Travis County District Attorney Ronnie Earle exposed to a fusillade of criticism over the timing and motivation of a case that he's been pursuing since the GOP seized control of the Texas House in January 2003.

In the event of indictments, Republicans who have questioned Earle's motives every step of the way will argue that a decision to bring official charges this close to the election confirms their longrunning suspicion that political considerations have fueled the ongoing inquiry since its inception. Earle, a Democrat who represented Austin in the Texas House in the 1970s, has contended previously that the investigation has been delayed by GOP stalling tactics such as an extensive open records requests filed last year by Republican lawyer Andy Taylor.

Taylor has represented the Texas Association of Business, the powerful trade association that was the initial target of the inquiry early last year. The probe has also focused on the Texans for a Republican Majority, a political action committee founded by U.S. House Majority Leader Tom DeLay. Earlier this year the Sugar Land Republican reportedly began preparing for the possibility that he might have to temporarily step aside if indicted in connection with the campaign finance investigation. DeLay has vehemently denied any wrongdoing - and lawyers and others close to the case were predicting Monday that the powerful Texas Republican leader will not be charged if the grand jury takes action today. There was also a sense among insiders on Monday that the grand jury will not hand up any indictments against TAB officials or Texas House Speaker Tom Craddick, who had drawn attention from prosecutors for activities involving his race for the chamber's top job two years ago.

Earle's office began its inquiry after learning of a direct mail campaign that the state's largest business organization had waged in almost two dozen House districts that were the scene of competitive battles between Republican and Democratic candidates that year. TAB officials contend the group was engaged in issue advocacy that's permitted by election law - and they have cited their First Amendment rights in refusing to disclose the source of the association's funding for the mail campaign.

Most of the speculation on possible indictments centered on TRMPAC, despite predictions that DeLay himself would not be charged. Even if the grand jury decides to issue indictments, there's speculation at the Capitol that it will be difficult for prosecutors to obtain any convictions in connection with the ongoing case due to the vast amounts of gray area in which the various activities under scrutiny took place. Republicans have contended throughout the inquiry that they did nothing different than Democrats did when they were trying to hold on to their majority in the Legislature.