Gop Alters Rules To Aid Delay

[ricco67]

http://www.chron.com/cs/CDA/ssistory.mpl/topstory/2906793

Nov. 18, 2004, 6:24AM

GOP alters rules to aid DeLay

Change protects his job as majority leader during corruption probe

By GEBE MARTINEZ and JOHN FRANK

Copyright 2004 Houston Chronicle

"Ronnie Earle is trying to criminalize politics and using the criminal code to insert himself into politics. I think that is wrong."

-- Rep. Tom DeLay

WASHINGTON - House Republicans moved to protect House Majority Leader Tom DeLay from a Texas political corruption case, deciding Wednesday that he will not be automatically forced to give up his leadership post should he be indicted.

The change in party rules came on an unrecorded voice vote, delivered while a Travis County grand jury probes a political committee founded by DeLay, R-Sugar Land.

The change proved DeLay's political strength and the loyalty party members readily pay him. The former rule, from 1993, required leaders who were indicted to step aside.

Now, if criminal charges are brought against a party leader or committee chairman, the leadership steering committee will decide whether the charges are valid and whether party members should vote to force the leader to step down.

Three DeLay associates have been indicted in the Travis County case, involving allegations that the political committee funneled illegal corporate donations to state legislative candidates. DeLay has not been named as a target.

Asked if he could be an effective leader if he is indicted, DeLay responded swiftly.

"I am not going to answer that question because I am not (going to be indicted)," said DeLay, the second-highest ranking House Republican. "This has nothing to do with whether I was going to be or was not going to be."

Lawmakers, including DeLay, justified the rules change in the context of the state investigation, headed by Travis County District Attorney Ronnie Earle. They accused Earle, a Democrat, of being politically motivated in his investigation of DeLay's committee, which set in motion a mid-decade congressional redistricting that increased the GOP's House majority.

"Ronnie Earle is trying to criminalize politics and using the criminal code to insert himself into politics. I think that is wrong," DeLay said. "And by using those processes, he can affect the decisions made here in the Republican Conference. And our members understood that."

Standing at his side were three incoming Texas freshmen who were elected as a result of DeLay's redistricting campaign, including Ted Poe of Houston.

Rep. Henry Bonilla, R-San Antonio, who initiated the rules change before consulting with DeLay or his staff, said GOP leaders needed protection from "any crackpot district attorney" with a political agenda.

Earle has denied charges of being driven by partisan politics.

"The action by the members of the House today has no effect on the ongoing investigation by the grand jury, but it should be alarming to the public to see their leaders substitute their judgment for that of the law enforcement process," Earle said in a statement Wednesday.

The policy change came after a lengthy debate and negotiations over when and how a leader should be removed from his post. The change was made after a voice vote, which drew audible opposition from about one-fourth of the members present, lawmakers said.

DeLay sat at the back of the room and talked to members about the issue but did not vote.

Republicans conceded there was worry of a voter backlash, especially since this involves DeLay, who was admonished by the House Ethics Committee three times in the weeks before the election for issues partly related to the probe in Austin.

The House committee cited DeLay for pressuring a fellow Republican to vote for Medicare legislation, for fund-raising activities that gave the appearance of impropriety and for trying to use his influence with the Federal Aviation Administration to track Texas Democrats during redistricting battles.

The ethics panel is expected to outline new guidelines on fund raising and proper uses of political power in the wake of the DeLay admonishment.

Rep. Christopher Shays, R-Conn., who saw DeLay's ethics charges being used against him during his recent re-election campaign, was one of the most vocal critics of the rules change.

"I would have a hard time going to a community meeting and defending the actions we just took in this room," Shays said.

The moderate Republican contrasted this action to the Republicans' vows for greater accountability when the party took control of the House in 1995. "I think it's a slippery slope" toward what was once seen as "business as usual" on Capitol Hill, he said.

Democrats and public interest groups issued strong criticisms.

"It is absolutely mind-boggling that as their first order of business following the elections, House Republicans have lowered the ethical standards for their leaders," said House Democratic leader Nancy Pelosi, D-Calif.

Common Cause and Citizens for Responsibility and Ethics in Washington said in a joint statement that the move was "shameless."

Sponsors, including Kevin Brady, R-Woodlands and John R. Carter, R-Round Rock, said they negotiated the final wording based on the standard that a person is "innocent until proven guilty."

gebe.martinez@chron.com

[Talbot]

that pissed me off.