Contingency planning

The Stakeholder notes that Tom DeLay was ready to spring into action to regain his Majority Leadership had Judge Pat Priest done what he wanted and dismissed his indictments. From a Roll Call article, which I've reproduced beneath the fold:

DeLay and his aides have already drafted a letter to House Republican Conference Chairwoman Deborah Pryce (Ohio) informing her that he is ready to return as Majority Leader, several Republican sources said.

The letter was written in anticipation of the possibility that Priest, during last Tuesday's hearing on the DeLay allegations, would dismiss the case. It was never sent to Pryce because Priest asked for more time to consider motions from DeLay's legal team and Travis County District Attorney Ronnie Earle.

[...]

According to a source close to DeLay, the Texas Republican planned to inform Pryce on Tuesday that the charges against him in the Lone Star State had been dismissed. That would lead Pryce to respond that the Sept. 28 letter announcing his decision to temporarily withdraw as Majority Leader was withdrawn. Finally, Speaker Dennis Hastert (R-Ill.) would issue a statement confirming that DeLay was back as Majority Leader.

Didn't quite work out that way, did it? Poor Tom. Makes me wonder if this "contingency" letter and the people who knew about it were the "variety of sources" cited by the Hotline blog who were saying that the indictments would be dismissed. Life is what happens when you're busy making other plans, I suppose.

Given all that's going on with the Abramoff investigation, especially now that former DeLay staffer Mike Scanlon has flipped, DeLay may quicky go right back to "embattled" status if he gets his wish. That'd be fine by me. Have fun wrestling with that contingency, fellas.

Rep. Tom DeLay (R-Texas) is positioning himself to immediately reassume the post of House Majority Leader if a Texas judge dismisses allegations that DeLay violated state campaign finance laws back in 2002.

DeLay, who was indicted on state money laundering and conspiracy charges in September, is not expected to hear until this week at earliest whether Senior Judge Pat Priest will dismiss the charges or hold a trial. But DeLay and his aides have already drafted a letter to House Republican Conference Chairwoman Deborah Pryce (Ohio) informing her that he is ready to return as Majority Leader, several Republican sources said.

The letter was written in anticipation of the possibility that Priest, during last Tuesday's hearing on the DeLay allegations, would dismiss the case. It was never sent to Pryce because Priest asked for more time to consider motions from DeLay's legal team and Travis County District Attorney Ronnie Earle.

DeLay has vehemently denied the charges brought forth by Earle, and his lawyers have offered numerous motions not only to quash the indictments but also to have Earle charged with prosecutorial misconduct.

According to a source close to DeLay, the Texas Republican planned to inform Pryce on Tuesday that the charges against him in the Lone Star State had been dismissed. That would lead Pryce to respond that the Sept. 28 letter announcing his decision to temporarily withdraw as Majority Leader was withdrawn. Finally, Speaker Dennis Hastert (R-Ill.) would issue a statement confirming that DeLay was back as Majority Leader.

DeLay's office characterizes the letter- writing effort as "contingency planning" by the Texas Republican as he awaits Priest's ruling. "These were preliminary discussions about how the process should be handled," said Kevin Madden, DeLay's spokesman. "It was all hypotheticals based on ifs - if a decision was rendered [by Priest] or if a decision was made to go to trial."

Though the plan has not been activated, the episode clearly demonstrates DeLay's eagerness to return to the Republican leadership, even as some within the GOP Conference lobby for January leadership elections. Those close to DeLay say the Texas Republican still enjoys wide support within the Conference, with a solid majority continuing to back his claim to the No. 2 post in the GOP hierarchy.

"It makes sense, if DeLay's judicial situation is coming to a head, that they would be preparing to discard the temporary status of stepping aside" as Majority Leader, a House GOP leadership aide said.

Despite his overall level of support from rank-and-file Republicans, an anti-DeLay faction in the Conference appears to be growing, however, with some senior Republicans privately estimating their ranks at around 60 lawmakers. These Members have not yet united around any one alternative candidate, and many are not enamored with Rep. Roy Blunt (R-Mo.), who has been handling both the Majority Leader and Whip roles since DeLay stepped
down.

While not all of those Members are personally unhappy with DeLay, they worry that DeLay's history of ethics problems will be a political liability in 2006, especially when combined with the ongoing federal investigation into former Republican lobbyist Jack Abramoff and the recent indictment of ex-White House aide Scooter Libby.

The plea deal between the Justice Department and former DeLay aide Michael Scanlon last week only added to these lawmakers' concerns. Although no Member is specifically named in the plea document, House Administration Chairman Bob Ney (R-Ohio) seems to have become a major target for federal investigators, who believe Ney traded official actions for campaign contributions, trips, meals and other gifts.

With rumors of potential indictments for lawmakers close to Abramoff, including several in DeLay's inner circle, circulating on Capitol Hill, the idea of the Texas Republican resuming his old leadership role makes some GOP insiders nervous.

Several lawmakers, including moderate Rep. Charles Bass (R-N.H.), do not believe that DeLay should return as Majority Leader, no matter what happens in Texas.

"There's a lot of people who think [the GOP Conference] should be in no hurry to bring DeLay back," said a veteran House Republican aide who requested anonymity. "The Abramoff thing is hanging out there, and no one knows what is going to happen next."

However, a number of political and logistical hurdles remain for those who do not want DeLay back as Majority Leader.

Even if Priest rules against DeLay's motion to dismiss the charges prior to a trial, he still could emerge victorious in a legal contest before new leadership elections can be held. DeLay would then be able to back up his oft-repeated claim that Earle's prosecution of him was politically motivated, strengthening his hand with the conservative Republicans who dominate the Conference.

After the House comes back for an expected two-week session in December, Members will be scattered around the country until the House returns in late January for President Bush's State of the Union address. For new elections to happen, at least 50 GOP lawmakers must request a special conference. During that meeting, a majority of Republicans would have to vote for elections to occur, something that DeLay could prevent if his support remains solid until then.

Posted by Charles Kuffner on November 29, 2005 to Scandalized! | TrackBack