http://www.nytimes.com/2005/10/04/politics/04delay.htmlThe new indictment was brought on the first day of deliberations by a newly empaneled grand jury in Austin. The grand jury that brought the original conspiracy charges against Mr. DeLay, and which had been investigating the lawmaker for months, was disbanded last week.
Without an explanation from the prosecutors, local criminal law specialists seemed perplexed by Mr. Earle's actions, saying they may reflect an effort by the prosecutor to ensure that some charge sticks to Mr. DeLay even if the conspiracy indictment is dimissed.
George E. Dix, a law professor at the University of Texas and a specialist in criminal procedures, speculated that prosecutors "saw a potential problem" with the conspiracy counts "and didn't want to hassle over it, so they went with a legal theory on money laundering that wouldn't present the same problems." He said if that was the case, it could be embarrassing to Mr. Earle because "it is a little awkward to have to change a theory before your horse is out of the gate."
The essential allegations are identical in the new and old indictment - that Mr. DeLay and his aides transferred $190,000 in corporate donations from a Texas political action committee to the Republican National Committee in September 2002, and that it was returned to individual Republican candidates for the Texas state house. A century-old ban in Texas prohibits the use of corporate money in the campaigns of state candidates.
Mr. DeLay's lawyers argued in their court papers on Monday that the conspiracy statute cited in the original statute did not apply to election law violations that occurred in 2002; they said the law was not amended until the following year to allow electoral code violations to be prosecuted as a conspiracy.
In a letter to Mr. Earle on Monday, Dick DeGuerin, a lawyer for Mr. DeLay, repeated the arguments for abandoning the conspiracy charges and said that "since you have professed not to be politically motivated in bringing this indictment, I request that you immediately agree to dismiss this indictment so that the political consequences can be reversed."
Within hours, Mr. Earle responded with the new money-laundering indictment, brought before a grand jury that was in its first hours of operation. Mr. DeGuerin said in a telephone interview that the new grand jury could not have understood what it was approving: "These are 12 people who are newly sworn in, and just getting them oriented takes them all day."