whoo hoo!!Ethics panel balks at subpoena
Texas attorney general refuses to back agency's challenge
By Jay Root and John Moritz
Star-Telegram Austin Bureau
AUSTIN _ The Texas Ethics Commission is refusing to provide information to prosecutors looking into questions about Republican campaign fund-raising, drawing a rebuke from Attorney General Greg Abbott, officials said Friday.
Abbott, a Republican, told the Ethics Commission that he disagreed with its decision to fight a subpoena from Travis County District Attorney Ronnie Earle.
And, Abbott said, he would not represent the agency in court. That means the commission, which oversees state campaign finance regulations, will have to hire outside lawyers if it wants to continue to try to quash the subpoena, officials said.
``We disagree with the Ethics Commission on the appropriate course of action to take and we've told them that we're not going to represent them,'' said Abbott spokeswoman Angela Hale.
Earle, a Democrat, is investigating accusations that conservative and Republican-allied groups engaged in an ``organized effort'' to pour up to $2.5 million in illegal corporate money into the 2002 elections.
Three associates of U.S. House Majority Leader Tom DeLay, R-Sugar Land, have been indicted on felony campaign-finance-abuse charges. All have denied wrongdoing.
Prosecutors are seeking the identity of a person who requested and then withdrew a request for an Ethics Commission opinion touching on how corporate money can be used in elections _ a question that's at the heart of the Earle investigation.The law allows corporate money to be spent only on administrative expenses, generally items such as rent, utilities and office supplies. Campaigns cannot use corporate money for direct political expenses.< Officials say the Ethics Commission cited a confidentiality statute protecting the identity of those who request opinions and decided to fight the district attorney.
Rudy Magallanes, a spokesman for Earle, said it is not uncommon for prosecutors to subpoena _ and receive _ information that is confidential by statute.
``This office is sensitive to the concerns of the Ethics Commission that relate to the confidentiality of the requested information and we share those concerns,'' Magallanes said. ``As with all other confidential matters this information will be carefully safeguarded.''
Because the cases are pending, Magallanes said he could not comment on the specifics of the information being requested.
Natalia Ashley, assistant general counsel at the Ethics Commission, confirmed that the agency voted to file a motion to quash the subpoena, but she said she was unable to give any details or explain why te commission is going to court over the issue.
Earle's inquiry has led to the indictments of eight companies that were accused of making illegal corporate donations ranging from $25,000 to $100,000. Prosecutors have dismissed felony indictments against four of those corporations, and all of them have denied wrongdoing.
A grand jury also indicted three DeLay associates: Jim Ellis, director of DeLay's Americans for a Republican Majority; Warren RoBold, a Washington-area Republican consultant and fund-raiser; and John Colyandro, who headed Texans for a Republican Majority. All deny wrongdoing.
The first major court hearing is set for Wednesday when attorneys for Ellis and Colyandro will seek to dismiss the indictments against them. RoBold has a minor court hearing a day earlier, officials said.< At the center of the controversy involving Ellis and Colyandro is the accusation that they engaged in money laundering _ a first-degree felony _ by seeking to clean up illegal ``soft money'' corporate contributions by converting them into regulated ``hard money.''
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