Via Breitbart/AP:

A judge dismissed the conspiracy charges Monday against Rep. Tom DeLay but refused to throw out the money-laundering counts, dashing the Texas congressman’s hopes for now of reclaiming his post as House majority leader. Judge Pat Priest, who is presiding over the case against the Republican, issued the ruling after a hearing late last month in which DeLay’s attorney argued that the indictment was fatally flawed.

When he was indicted in September, DeLay was required under House rules to relinquish the leadership post he had held since early 2003. While Monday’s ruling was a partial victory for DeLay, he cannot reclaim his post because he remains under indictment.

“The court’s decision to dismiss Ronnie Earle’s numerous charges against Mr. DeLay underscores just how baseless and politically motivated the charges were,” DeLay spokesman Kevin Madden said, referring to the Democratic district attorney who brought the case.

“Mr. DeLay is very encouraged by the swift progress of the legal proceedings and looks forward to his eventual and absolute exoneration based on the facts and the law.”

Texas blogger Jason Smith writes:

The conspiracy charges have been dropped. Remember, these were the charges based on a law enacted after the alleged incident. Judge Pat Priest has ruled that a trial will go forward on the Money Laundering charges… the very charges that were absent in the first, flawed indictment handed up by a grand jury that reviewed the case for 6 months, and were later obtained by another grand jury after just hours of presentation.

Looks like another case crumbling at Ronnie Earle’s feet.

534pm EST update: Statement from DeLay’s office:

Kevin Madden, spokesman for Congressman Tom DeLay (R-Texas) today released the following statement in response to Texas Senior Judge Judge Pat Priest’s ruling:

“The court’s decision to dismiss a portion of Ronnie Earle’s manufactured and flawed case against Mr. DeLay underscores just how baseless and politically motivated the charges were.

“The judge’s ruling, along with the recusal motion previously granted, represents yet another legal victory.

“Mr. DeLay is very encouraged by the swift progress of the legal proceedings and looks forward to his eventual and absolute exoneration based on the facts and the law.”

—

Fast Facts About Today’s Ruling:

First indictment was quashed.

The judge notes in his letter that a motion to dismiss based on prosecutorial misconduct is still pending for the second indictment (also known as the “Do-Over Indictment”) and will require the hearing of evidence. The bulk of the arguments made in that motion concerned the manner in which Ronnie Earle went about getting this second indictment. Thus, the pending indictment can still yet be dismissed after additional hearings.

From today’s ruling:

[1] At least one motion to dismiss upon the basis of alleged prosecutorial misconduct was filed by Defendant DeLay and is presumed by the Court to have been adopted by defendants Colyandro and Ellis. This motion may require the hearing of evidence (a matter not yet resolved), and it is not included within the ambit of the present rulings.

Stephen Spruiell shares his assessment:

…Priest threw out an indictment that a grand jury issued after spending six months examining evidence, yet he upheld another indictment that one grand jury dismissed outright and another grand jury issued after hearing Ronnie Earle talk for four hours. He has made a huge mistake. I won’t know why until I can look at the documents involved and see the reasoning underlying his decision to let this travesty go to trial — a trial that could take months. But I do know that, win or lose this case, DeLay is now finished as House Majority Leader.

Shadow TV has Brian Wilson’s coverage on Special Report w/Brit Hume.

730pm EST update: The Travis County District Attorney’s Office today released the following statement:

We have received the opinion from Judge Priest and we are studying it. We have made no decision about whether to appeal any part of his ruling. We will have no further comment at this time.

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