2. Anonymous says:

    Apparently, Deguerin is already trying to revoke the waiver on the statute of limitations. Which makes me think I’m on the right track.

    And yes, I do hope Earle is the better chess player. He has the advantage of having been humbled by this guy in the past–he knew he had to come loaded for bear. Whereas Deguerin? He hangs out with Tom DeLay. Which means his hubris might just bring him down.

    Also, keep in mind that this is Earle’s swansong. He’s got nothing to lose and a whole lifetime of fame to gain.

  3. Anonymous says:

    Some people learn from experience, particularly their failures. Others just try to repeat their experiences, particularly their triumphs. In a contest between two such people, I’d put my money on the one who can learn and adapt to changing circumstances every time.

  4. Anonymous says:

    EW, I don’t think DeGuerin was DeLay’s lawyer when DeLay initially submitted the waiver. You may want to double-check that. Plus DeGuerin has filed for a retraction of the waiver.

  6. Anonymous says:

    Can somebody pull all those W. quotes where he yells at Gore, insisting he can’t â€unconcede?â€

  7. Anonymous says:

    eRiposte:

    You’re right. Deguerin was just brought in to deal with the indictments. Still kind of his fuckup, though, if he was trying to have a previous lawyer’s deal and break that deal too, right?

  8. Anonymous says:

    I’m not a criminal lawyer, but I think breaking a plea agreement just because the grand jury has expired and you think you’re in the clear seems pretty ham-fisted and unlikely. Grand juries have limited terms and this kind of ploy would happen all the time if it were feasible – indeed, it would kind of ruin the whole concept of plea bargaining. I’m inclined to doubt that DeLay ever agreed to plead guilty to this charge.

  9. Anonymous says:

    I don’t think that DeGuerin realizes that things are different than the last time he played Earle. I think that Earle may have home field advantage now. The BugMan has few friends and they are leavin’ fast…

  10. Anonymous says:

    Steve–

    I don’t think Earle had a plea agreement with Delay, but rather a â€charge†or â€indict†agreement with Delay. Something along the lines, you sign this waiver of statute of limitations on the conspiracy charge, and I promise I won’t indict on any other charges.

    As I said on dKos, I think Earle’s played Delay like a fiddle. He’s got the goods on money laundering to be sure, but the charge agreement prevented him from letting the GJ handing down the indictment. Since DeGuerin wants to break the agreement (by fighting the conspiracy charge with his motion to dismiss) and have it too, Earle felt justified in bringing in the money laundering indictments (just in the nick of time too, the SOL expired today). I think DeGuerin is trying to renege on waiver, because he realizes that’s one less charge he can get out of. The other indictments will probably stick.

    Be interesting to see how the judge rules on all this. No matter what happens, I’m sure it will all be grounds for appeal, not that that matters, Delay’s career is toast if he’s convicted, plus if there’s a trial, all the evidence will be in the public domain, arguably more important in unraveling the GOP culture of corruption.

  11. Anonymous says:

    You lost me. Waiving the statute of limitations does not waive your right to file a motion to dismiss on other grounds. In your scenario, it is Earle who would be in breach of the charging agreement.

    If the prosecutor promises to indict on only one charge, and that charge is legally defective, that’s his problem.