The attorneys for Tom DeLay and Ronnie Earle are battling it out in the courtroom today over a motion to dismiss. I should point out that a motion to dismiss is almost always filed by the defendant but is seldom granted by judges, the theory being that a District Attorney would not file a case without reasonable cause and that the court is the proper venue for determining whether the facts and the law are actually applicable. Personally, I would be very surprised if the motion to dismiss is granted. If it is, then Ronnie Earle should quietly resign his job and hope that Tom DeLay and others don’t pursue charges on him.

NRO’s Stephen Spruiell is reporting that “that the judge, Pat Priest, has been pretty tough on Ronnie Earle’s case in his questioning, asking things like, ‘Why so many indictments?’ and ‘Why are you alleging a violation of criminal law when the transaction is more properly addressed by the election code?’” 

Spruiell also links to an expert opinion letter from University of Texas Law Professor Susan Klein, who has this to say:

In brief, it is my opinion that neither Texas Penal Code section 15.02, prohibiting criminal conspiracy, nor Texas Penal Code section 34.02, prohibiting money laundering, applies where the predicate offense is a violation of the the Texas Election Code. Moreover, there can no no substantive money laundering violation as a matter of law where the transaction consisted of the passing of a personal or business check.