A Texas judge refused on Monday to throw out money-laundering charges against Rep. Tom DeLay (R-Texas), potentially derailing his efforts to regain soon his position as House majority leader.
The judge dismissed one charge against DeLay, alleging conspiracy to violate Texas election law.
The ruling came just hours before Vice President Dick Cheney, in a show of support for DeLay by the White House, headlined a campaign fundraiser for him in Houston.
DeLay had been forced by House GOP rules to resign his leadership job–the chamber’s second-ranking position–when he was indicted earlier this fall. A dismissal of the all the charges against DeLay would have allowed him to try to regain his post, which is being temporarily filled by Rep. Roy Blunt (R-Mo.).
Lacking a dismissal, DeLay’s lawyers have sought a trial as early as January, hoping he would be found not guilty and then could attempt to reclaim his leadership job.
DeLay has said the case against him, alleging that he helped funnel illegal contributions to state House candidates from Texas in 2002, was politically motivated. The Democratic district attorney, Ronnie Earle in Travis County, pressing the case has denied that charge.
A spokesman for DeLay, Kevin Madden, said the decision Monday in Austin, Texas, by Judge Pat Priest to dismiss the conspiracy charge “underscores just how baseless and politically motivated the charges were.”
But Cris Feldman, an Austin attorney who represented Texas Democrats in a civil lawsuit involving allegations of campaign irregularities in the 2002 House races, said, “DeLay still has to go to trial on a first-degree felony, and I don’t think anyone would call that a victory.”
DeLay also faces a charge of conspiracy to commit money laundering.