By Mark David Blum, Esq.

The once imperial overlord of the Republican Party, Tom DeLay, is back in the news. Moving from one talk show to the next, one newspaper article to the next, the DeLay is pimping a new book to presumably raise funds for his defense. Using the same playbook as Oliver North; DeLay makes himself the lone hero standing tall against the “enemy”. Referring to political opponents as enemies is shameful considering the evil lurking in the mountains along the Pakistan-Afghanistan border.

The world was a better place on June 9, 2006. That was the day of DeLay’s resignation from office. We thought he was gone and in the hands of the local District Attorney. With him, hope sprang anew for a cleansing of the American soul and a return to Her fundamental values. First among these chores is to clean up the sludge and repair the damage left in the wake of Mr. DeLay and his minions.

Historically, the honorable men and women who have served this nation as its leaders and legislators have made it a practice in their professional farewells to, reminisce about the ‘good old days’ of political harmony and across-the-aisle camaraderie.” Being the devil’s own personal trainer, Mr. DeLay ignored history and custom. “I can’t do that,” were his words.

The irony of it all is that despite his affirmation that he would not, indeed Mr. DeLay was able to reminisce about “the good old days.” Without hesitation, he launched into the well-worn and aging diatribe about how liberals are those who stand for “more government, more taxation, more control over people’s lives and wallets.” In reality and with five years of the Republicans in absolute control over all branches of government and with nobody to blame but themselves, the proof is that Republicans are the party of “more government, more taxation, more control over people’s lives and wallets.” Can you say Dept. of Homeland Security or N.S.A. wiretapping?

It is going to take years if not decades to clean up the damage caused by Mr. DeLay and his mission. From the K-Street takeover to the Texas redistricting to the Christian takeover of all levels of government and the military, the pain and suffering the nation will endure are tremendous. At least, the healing process has started. The tumor has been removed.

I remember back when Tom DeLay was first indicted. Oh, the song he then sung.

There is not a lawyer, judge, cop, or friend of someone accused of a crime who has not heard the following from an accused:

“The prosecutor is out to get me.”
“The prosecution is a sham”
“This is personal”
“I did nothing wrong and the truth will come out”
“Other people do it too”
“This is a political prosecution”

Likewise, there is not a lawyer, cop, judge, or friend of an accused who has heard statements along those lines and did not go “uh huh, sure” to themselves.

The day he was indicted, I heard Tom DeLay make those very same statements and many more just like them. His statement made to the media was the same whine I hear from every person charged with a crime.

Congressman DeLay has been indicted by a Texas Grand Jury for Conspiracy to Violate Election Laws. True, under the law Mr. DeLay is presumed innocent. That presumption is a legal protection; but it is not a statement of fact. Likewise, an indictment is just an accusation, not a conviction.

If any of my clients stood in front of cameras and proclaimed their innocence with such spitting venom and personal attacks upon the prosecutor, they would be a laughing stock. Oh, wait … they have and they were.

In just the couple of hours since Mr. DeLay’s indictment was announced, I have heard some brutal and disgusting spin from the right wing murder machine. Here is the story you are about to hear:

In Texas, a District Judge selects the pool of grand jurors from a list. The first 12 eligible (and one or two alternates) are selected and convened. The particular District Judge who selected this particular grand jury is a democrat, by party affiliation. It is going to be insinuated that this judge violated all the laws and his oath and intentionally packed the grand jury with democrats. Your mind will be asked to make the leap of faith that this was an advance conspiracy and plot. Demand evidence before you repeat it; despite how sexy this sounds.

Now, the grand jury is comprised of 12 citizens though only 9 votes are required to file an indictment. The standard of proof is ‘probable cause’. Meaning, that by direct (non-hearsay) evidence, at least nine of the twelve seated grand jurors believed that a crime had been committed and Mr. DeLay was involved in the conspiracy. It is said amongst the bar that a grand jury will “indict a ham sandwich” if asked. Only the District Attorney presents evidence though a defendant may testify if he chooses. We don’t know if Mr. DeLay refused to testify or not. But, do not listen to the drivel that the prosecutor is driving this or that the prosecutor has filed the charges or that there is no evidence. The grand jury found enough.

Mr. DeLay is of the party of Nixon and many of the Nixon era cronies are still hanging around the White House and Fox News. Their attitude of greed and self interest has never been cleansed. Back in 1994, they entered into a Contract with America. They took the high moral ground and over the past ten years, have sold their agenda to the electorate.

Well, now that the dust has settled, what we see with the actions of Mr. DeLay, Mr. Frist, Mr. Rove, the disease that infects the Republican leadership has never been cured. It just has been repackaged and we were suckered into it.

Guilty or innocent, I really don’t care. Mr. DeLay is what he is and for that reason I am thankful I do not live in Texas. But, I want to be among those who stand that wall between the judicial system and what is about to be the biggest attack on the judiciary and prosecutorial discretion ever.

Republicans are supposed to be the party of Law and Order. Now we get to see that façade unmasked as well. Yet, even as he walked out the door, Mr. DeLay gave a finger to the law by voting in one State while being registered in another .

In closing, I leave you with this song parody – sung to Mr. Postman by The Marvelettes

(Stop) Oh yes, wait a minute Mister Voter-Man
(Wait)Wait Mister Voter-Man
Please Mister Voter-Man, look and see
(Oh yeah) How the D.A. is persecuting me

(Please, Please Mister Voter-Man) Since the days of Redistricting
(Oh yeah)A rogue prosecutor funded by the DNC
The whole world heard the word today
From Mr. Earle so far away

Please Mister Voter-Man, look and see
At this “coordinated premeditated attack on me”
I've been standin' up and yellin here Mister Voter-Man
Screaming out so innocently
I didn’t do it, believe me you better
Its “an unabashed partisan zealot effort”

(Mister Voter-Man) Mister Voter-Man, look and see
(Oh yeah) Its just a sham and political puffery
(Please, Please Mister Voter-Man) Its political pressure by the Democrats
(Oh yeah) And Earl who just hates me

So many dollars have passed me by
Washington to Dallas and they just did fly
I didn’t stop when four grand juries told me better
Now the fifth grand jury is just angry and bitter

Wait a minute
Wait a minute
Wait a minute
Wait a minute
(Mister Voter-Man) Mister Voter-Man, look and see