Conspiracy Charge Against DeLay Will Not Be Reinstated

Tom DeLay is accused of campaign finance violations. (David J. Phillip - AP)

A Texas prosecutor lost a bid yesterday to reinstate a conspiracy charge against former U.S. House majority leader Tom DeLay, who still faces charges of laundering campaign contributions.

DeLay and two associates are accused of soliciting $190,000 in corporate donations in 2002, funneling the money through an arm of the Republican National Committee and then using it in state races in violation of Texas law. Grand juries indicted DeLay twice, once on a charge of conspiracy to violate the election code and a second time on money-laundering charges.

A lower court threw out the election code charge on the grounds that the alleged action was not illegal under Texas law at the time. An appeals court agreed yesterday.

But the indictment forced DeLay, 59, to give up his leadership post in September and played a role in his decision this month to announce plans to resign from Congress. Under House Republican rules, leaders must give up their posts if they are indicted. DeLay at first did so on a temporary basis and then in January gave up his majority leader's post for good as the case in Texas dragged on and as two of his former aides pleaded guilty in a separate corruption case involving former lobbyist Jack Abramoff.

DeLay and associates Jim Ellis and John Colyandro have denied wrongdoing.

Travis County District Attorney Ronnie Earle, in trying to reinstate the charge, argued that a 2003 law that specifically included the offense only clarified an existing statute. Earle said in a statement that his office is studying the opinion by the Third District Court of Appeals in Austin before deciding whether to appeal.