AUSTIN, Texas -- Rep. Tom DeLay has relied on friends for support in the face of felony indictments, but for his legal strategy, he has tried to get close to his enemy.
Two members of DeLay's legal team once worked for Texas prosecutor Ronnie Earle, who heads the investigation into DeLay's 2002 fundraising for Republicans and sought the indictments against the former House majority leader alleging money laundering and conspiracy.
Their insight into how Earle works could help DeLay as he prepares for trial.
"If you've tried a case before with the opposing counsel, you can anticipate the moves they make," said Joe Turner, an alum of Earle's office who is representing John Colyandro, one of DeLay's co-defendants. "They make the same arguments over and over, so you have a feel for them."
DeLay's Austin attorneys Bill White and Steve Brittain worked with Earle and some of his assistants early in their careers. Along with Turner, three Democratic attorneys now represent Republicans who are being prosecuted by Earle, who is also a Democrat.
Political parties play a big role in the case. It revolves around the fundraising activities of DeLay's political action committees, led by Colyandro and Jim Ellis, another co-defendant.
Two grand juries allege DeLay and his associates circumvented a state law that prohibits corporate money in state elections by funneling it through the Republican National Committee in a scheme to get more Republicans into Congress and the Legislature. Under Texas law, corporate money is only permissible for political campaigns' administrative expenses.
Last week, DeLay got the judge in his case removed because the judge had contributed to Democrats. His legal team argued the judge's political support of DeLay's opposing party was enough to cast doubt on his ability to be impartial in the case.
The next court hearing likely will decide whether DeLay's trial stays in Austin _ his attorneys want it moved out of the Democratic stronghold _ and whether it will be separated from a trial for Ellis and Colyandro.
The former attorneys for Earle's office say Earle usually leaves litigating to his assistants, and that is what they are expecting in this case.
White, a Vietnam veteran, worked for Earle in 1977. Though he respects Earle's assistant attorneys, he has a low opinion of Earle's courtroom abilities.
"The best thing for Tom Delay would be if Ronnie Earle tries the case himself," White said.
