Barry Pollack Quoted in Associated Press Regarding Appeal of DeLay Conviction
"DeLay's Conviction Starts Lengthy Appeals Process"Associated Press
Barry Pollack discusses the argument made by the defense in former House Majority Leader Tom DeLay’s criminal trial. Money collected by the national party is segregated between corporate contributions and individual donations, then redistributed to Texas candidates from the pot of money donated by individuals, Pollack explained. "Typically, in money laundering, you can trace the laundered money directly back to the illicit money. Here, you can't. What they've done is they've used different moneys," Pollack said. "The way the government looks at that is that it's very effective money laundering because you've managed to make it into a different set of money, but what you've done in effect, is complied with the law."
Pollack said there could be an appeal based on a recent U.S. Supreme Court ruling allowing corporations to make political contributions to candidates, but said it would be more difficult to argue. If he had to make an argument, Pollack said he would focus on the idea that DeLay could not have known he was in danger of violating the law since he - and other Texas politicians - were confident the "party had carefully set up a system that would keep them in line with the law." "Without question, this was a very creative and aggressive prosecution," Pollack said. "Any time a prosecution pushes the envelope and tests the boundaries as to how far the government can go in prosecuting particular conduct - that is exactly the type of situation that is going to grab the attention of an appeals court."