Fund cherry-picked evidence to support his false claim that Earle is "often off-base in his prosecutions"
On the October 11 edition of MSNBC's Hardball with Chris Matthews, Wall Street Journal columnist John Fund claimed that Ronnie Earle -- the Travis County, Texas, district attorney who filed conspiracy and money laundering charges against former House Majority Leader Tom DeLay (R-TX) -- "has a track record over the past few years of being often off-base in his prosecutions." As evidence to support his claim, Fund cited "two great failures" by Earle: his 1983 indictment of then-Texas Attorney General Jim Mattox (D) and his 1993 indictment of Sen. Kay Bailey Hutchison (R-TX), both of which ended in acquittals. But in making the accusation, Fund cherry-picked the only two failures from Earle's nearly 30-year record of prosecuting public officials, which includes 13 successful prosecutions out of a total of 15.
As Media Matters for America previously noted, Earle secured indictments against public officials on 15 occasions prior to his indictment of DeLay. Of those 15 prosecutions, 13 were successful, ending in a conviction, a guilty plea, or a plea of no contest. Only the prosecutions of Mattox and Hutchison ended in acquittals.
From the October 11 edition of MSNBC's Hardball with Chris Matthews:
FUND: You are going to have a great Texas shootout on this case. You've got Tom DeLay and his six-guns, and you've got Ronnie Earle and his six-guns -- only one of them is going to be left standing, Chris. I think Ronnie Earle has a track record over the past few years of being often off-base in his prosecutions. He had two great failures with the Texas attorney general, a Democrat, and Senator Kay Bailey Hutchison, a Republican. On the other hand, with Tom DeLay, you have all of the allegations trailing behind him, and including the admonishments from the House. So I have to tell you, one of them is going down, and one of them is going to be left standing.
One of them is going down? I think only one guy can go down in this whole mess and that's DeLay. He's a politican and politicians can pretty much kiss politics goodbye when and if they are found guilty. Earle is a district attorney, and as such is subject to losing cases. DeLay is a big fish, but if he gets away I think Earle will live to fight another day just like other attorneys do.
Any report that says Sen. Hutchinson was acquitted should include a reference to the acquittal being ordered by the judge after the DA refused to open the case. To be really fair, the report should also mention the DA objected to impaneling a jury before the judge ruled on Hutchinson's suppression motion. To be really, really fair, the report should also include a comment from an objective Texas criminal law expert who would tell you that a) the judge could reserve ruling, but b) judges never do reserve ruling, because c) the state may not appeal an adverse suppression ruling after a jury is sworn, and d) had this happened in an ordinary criminal trial then every law enforcement agency in the State would have campaigned for the judge's defeat.
I don't exactly consider 2 times in 30 years "often".
Here's a good article about Earle: [link to www.esquire.com]
Thirteen of 15 convicted? That's a pretty good batting average. I don't think DeLay is going to lower it.
Never doubt the wiley DeLay and his high priced attorneys (don't Rep.s hate trial lawyers, wonder how come they can get so many to represent them). They have subpoenaed or are trying to Earle and his associates. Obivious attempt to redirect the "news" media and it will probably work given the lack of anything resembling a backbone in the "news" rooms around the country.