Lawyer: DeLay Will Never Spend a Day in Jail

Friday, 14 Jan 2011 04:07 PM

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Former House Republican Majority Leader Tom DeLay faces a three-year sentence for conspiring to commit money laundering. But according to Dick, DeGuerin, his lawyer, he won’t spend a day behind bars.

The once-powerful congressman who is free on appeal following his sentencing Monday also faces 10 years' probation, The Post Chronicle reports.
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"I believe we will win the appeal,” DeGuerin said Thursday. “I believe his name will be cleared. The court of appeals in Austin has already ruled in the case of the two co-defendants that the indictment in our case is invalid, so I expect success in the court of appeals.”

DeLay’s conviction stems from a charge of funneling corporate contributions to Republican candidates for the Texas Legislature in the 2002 election.

His appeal will be based on a change in the Texas law which occurred after the criminal matter.

"What the court of appeals said, was that in 2002, when all this occurred, money laundering could only be done with cash and not with checks,” DeGuerin said. “And since there were only checks involved here, that could not be money laundering. That law has been changed, but it was changed after the fact. I expect that what the court of appeals will do is reverse it on that basis, but also on the basis of the fact that there was no crime proven."



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