Tom Delay

The tale of “Red Scorpion”

The strange Hollywood interlude of the most scandal-ridden man in Washington.

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The tale of

Before fallen lobbyist Jack Abramoff assumed his role as the most scrutinized man in Washington, he had a brief career as a budding Hollywood producer. He made just one movie, the 1989 Cold War bomb “Red Scorpion.” With its blatant propaganda, its collaboration with the apartheid South African government, and financial misdealing, it’s notable, even for Hollywood, for being one of the seamiest productions in recent memory.

Last week, Abramoff was arrested by the FBI after a grand jury indicted him and a partner on fraud charges (he’s out on $2.2 million bail). In Washington the Senate Indian Affairs Committee has been holding hearings on whether Abramoff, 46, bilked millions out of tribes he represented, and a joint task force is picking through his personal papers, including his credit card records, which show Abramoff purchased trips for members of Congress (including Tom DeLay). His days in the Capitol, it seems, are numbered. (Abramoff’s spokesman, Andrew Blum, responded to inquiries from Salon for this article with a written “no comment.”)

But long before he became the poster boy for the Beltway’s back door, the young Jack Abramoff was at a crossroads. It was 1987, he was in his late 20s, and the presidency of his political hero, Ronald Reagan, was winding to a tarnished close. The Iran-Contra hearings covered the front pages, and Oliver North, whom Abramoff knew and admired, was about to be indicted. The Republicans were disillusioned, and after years of service to the party — as chairman of the College Republicans from 1981 to ’85, he’d mentored Grover Norquist and Ralph Reed, had worked for one right-wing think tank, and founded another — Abramoff apparently was no longer sure he wanted to go into politics full time.

So he took a detour, doing what any other kid from Beverly Hills might when finding himself at a loss: He decided to try his hand at show business. Why not? Hollywood was no more than Washington for good-looking people, as the saying goes, and Abramoff, a student government officer and a football player at Beverly Hills High School, class of ’77 (he graduated from Brandeis University in ’81), was smart and charismatic and, if not actor handsome, at least physically imposing enough to be a producer. Through his father, a high-up executive at the Diners Club, he’d rubbed shoulders with some of L.A.’s elite.

Abramoff moved back to Los Angeles from Washington after finishing Georgetown Law School, and he and his brother, Robert, formed a production company, Regency Entertainment. They set to work on an action picture, a story about a rogue Soviet Spetsnaz soldier who is sent to quell a rebellion in a fictional African country — one that very closely resembled Angola — only to find that he sympathizes with the rebels. “Red Scorpion,” starring Dolph Lundgren, would be released in April 1989. The Abramoff brothers raised $16 million for it — the sources of the funding remain unknown — an impressive sum for a B-picture with an unproven star. It made a poor impression on audiences and critics. “The movie’s reflective moments belong to Mr. Lundgren’s sweaty chest,” wrote Stephen Holden in the New York Times.

But the story behind “Red Scorpion” is far more captivating. The film was to be a manifesto for Abramoff; a Rambo-like morality tale and a grand indictment of communism — his Reagan Doctrine parable in action-packed Technicolor. And in the process of conceiving of and making it, Abramoff helped groom an African despot, rose to high levels in the K Street food chain, and got to play international spy.

“There was some indication even in those days that he was not the sort of person who would feel overly constrained by the rules,” said Jeff Pandin, who worked closely with Abramoff in the 1980s.

The roots of “Red Scorpion” took hold in the early 1980s, when interventionist-minded folk in Washington had an array of global conflagrations to obsess over. The mujahedin were battling the Soviets in Afghanistan and the Contras were fighting the Sandanistas in Nicaragua. Some circles felt the United States was not doing enough to help them. The gripe heard in the office of CIA chief William Casey and among Oliver North’s cabal in the National Security Council was that Reagan was not fully Reagan when it came to foreign policy. A cottage industry of think-tank intellectuals and private crusaders sprouted up to build support for one or another set of freedom fighters. Abramoff was among the most active.

In Angola, the rebel group du jour, the National Union of Total Independence for Angola, or UNITA, had been taking on the Soviet- and Cuban-backed government since the 1970s. UNITA’s leader, a savvy warlord named Jonas Savimbi, had become a darling of the right. Savimbi received millions in aid and had even retained Washington lobbyists to press his case. Abramoff was interested in Angola, too. So was Lewis E. Lehrman, the millionaire behind the Rite Aid drugstore chain and the founder of the right-wing group Citizens for America, who made an unsuccessful run for governor of New York in 1982. Through Republican circles, Abramoff met Lehrman at some point in the early ’80s, and in 1985 Lehrman hired him. Abramoff came to Lehrman with an idea: What about a convention of disparate anti-communist rebel leaders, put together and paid for by Americans? It screamed of Abramoff’s cartoonishly outsized ambitions and worldview, and Lehrman liked it.

Jack Wheeler, a California entrepreneur and anti-communist activist who enjoyed deep entree in Washington at the time, had met Abramoff through the College Republicans in 1984. He immediately took to Abramoff, who had charmed him with a story about scandalizing fellow members of a Beverly Hills athletic club by wearing a T-shirt that read “I’d Rather Be Killing Communists.”

Wheeler and Abramoff began discussing the idea of the rebel convention. “The whole point of the Reagan Doctrine was to fight the phenomenon of communism, and if one regime fell, they’d all fall,” Wheeler said. “No Afghan knew where Nicaragua was, and no Contra knew where Angola was.”

Amazingly, they made it happen, and quickly. In the first week of June 1985, mujahedin, Contras and Laotian rebels joined Savimbi and his men in Jamba, Angola, UNITA’s jungle headquarters, for the Democratic International, as Lehrman had titled the event. For several days they commiserated and compared notes, huddling together in thatched huts and signing an anti-Soviet pact. Wheeler organized transportation, and Abramoff dealt with the money and logistics from Lehrman’s end. Lehrman himself read a letter of support from Reagan and handed out framed copies of the Declaration of Independence. It received some press coverage. Abramoff had pulled off his first far-right adventure.

In the eyes of many in the administration, particularly in the State Department, Abramoff and groups like Citizens for America were only serving to subvert years of careful negotiation. “These people were trying to undercut and divert official policy,” said Chester “Chet” Crocker, assistant secretary of state for African affairs from 1981 to 1989. “Our policy worked because we got Castro to decide the jig was up and go home — not because of the conservative activists.” (Cuba began pulling out of Angola in 1989.)

Loved or hated, Citizens for America was short-lived. Not long after the Democratic International — or the Jamboree in Jamba, as it was pejoratively known — funding for the group dried up. “Lehrman pulled the money out all of a sudden, and then Jack dropped out of it, and that was that,” Wheeler said. “Then Jack went to make his movie.”

According to Pandin, who went to work for Abramoff in 1986, Abramoff and Lehrman had had a falling out. “He was always looking to push the envelope,” Pandin said. “It was seen among Jack’s friends as a coup — he got stabbed in the back by people who weren’t comfortable with him.” When contacted by Salon, Lehrman submitted a short statement via a representative: “I was recruited by President Reagan to set up Citizens for America in 1983. It was a voluntary, part-time position which I held for about three years. Among the paid staff, Jack Abramoff came in well after CFA was started, was there only for a short while, before his termination.”

But Lehrman may have also gotten cold feet because it had become clear by the mid-1980s that Savimbi was not a paragon of democratic ideals. There were allegations of murderous purges in his own ranks. It is commonly agreed in Washington that it was Savimbi himself, and not the government of Angola, who in July 1991 had UNITA’s envoys to the United States and the United Kingdom, Tito Chingunji and Wilson dos Santos, and their families, killed.

Crocker described Savimbi, who was killed in 2002, as “a brilliant military warlord who operated by the gun, lived by the gun, and died by the gun and ultimately had a failure of judgment, like warlords often do.”

Others are less charitable. “He was the most articulate, charismatic homicidal maniac I’ve ever met,” said Don Steinberg, ambassador to Angola during the first Clinton administration.

With Citizens for America disbanded, and law school done, Abramoff moved to Los Angeles. He came up with the premise for “Red Scorpion” and hired Arne Olsen, a young screenwriter with no credits to his name, to write it. The Abramoffs told Olson they wanted to base the fictional African country in the film, Mombaka, directly on Angola, and the rebel leader on Savimbi. Olsen said he churned out a baldly propagandistic script.

“It definitely was an anti-Soviet thing,” Olsen said. “It was an easy target.”

Of the Abramoff brothers, he said, “This wasn’t their profession, what they’d do for the rest of their lives. It was a lark. They wanted to get a message across, but at the same time they were going for exploitation and of course trying to make some money.”

Initially, the movie was set to shoot in Swaziland, but at the last minute Abramoff moved the production to Namibia, which was occupied by South Africa’s apartheid government. Congress had passed (over Reagan’s veto) the Comprehensive Anti-Apartheid Act in 1986, making it very frowned-upon, when not illegal, to do business with South Africa or its proxies. This did not seem to bother Abramoff, who planned to use South African Defense Force vehicles and equipment on the set and soldiers as extras. By 1988, when shooting started on the film, Abramoff likely had connections in the South African government. For a decade, after all, South Africa had been Savimbi’s main backer, and according to Crocker and others, Abramoff would not have been able to put together the Democratic International without extensive help from the SADF.

But Abramoff’s plan backfired: it was not long before anti-apartheid activists were protesting at the “Red Scorpion” set, and Warner Brothers, who had signed on to distribute the film, pulled out.

James Glickenhaus, whose company, Schapiro Glickenhaus Entertainment, ended up distributing “Red Scorpion” after Warner Brothers jumped ship, said he was not aware of the help provided by the SADF, but he was aware of the controversy over the location. “Look, had the film been made in Nazi Germany, I wouldn’t have distributed it,” he said. “But I personally felt upon investigating that the Namibian government was more simpatico than the South African government.”

The movie seemed like an opportunity to turn a buck — if not win any awards. “There’s some fish for eating and some fish for buying and selling,” Glickenhaus said. “This was a fish for buying and selling.” In typical Hollywood tradition, Glickenhaus threw a party for the film at Cannes, his feelings about its quality notwithstanding. The Abramoff brothers came, but, he said, they “looked totally out of place.”

The actor Carmen Argenziano, who played the villainous Cuban colonel, said he knew that many of the men playing Russian and Cuban soldiers were actual SADF soldiers. There were also rumors going around the set that some of the funding for the film, not just props and extras, was coming from South Africa.

“We heard that very right-wing South African money was helping fund the movie,” Argenziano said. “It wasn’t very clear. We were pretty upset about the source of the money. We thought we were misled. We were shocked that these brothers who we thought were showbiz liberals — Beverly Hills Jewish kids — were doing this.”

But there was a lesser-known connection between the apartheid regime and Abramoff.

In the late 1980s, some conservatives in Washington saw P.W. Botha’s apartheid government in Pretoria as the last bulwark against communism in Africa. Certain Reagan domestiques had even gone to work for it. “The South African government was the only one that was, shall we say, anti-communist,” said Stuart Spencer, who’d help run Reagan’s 1980 and ’84 campaigns and later became a lobbyist for Pretoria.

Abramoff seems to have shared the sentiment. In 1986, he founded the International Freedom Foundation, whose stated goal was “to foster individual freedom throughout the world by engaging in activities which promote the development of free and open societies based on the principles of free enterprise.” More specifically, among the IFF’s aims were to oppose the Anti-Apartheid Act and other sanctions and to urge greater support in Washington for Pretoria and less support for the African National Congress, the party that would come to power in 1994 under Nelson Mandela. At its height, around the time “Red Scorpion” was released, the IFF employed about 30 young ideologues in offices on G Street in Washington, Johannesburg, London and Brussels. Churning out reports and presentations (for one such presentation on the Contras, it borrowed the slide show that North had used to raise money for his arms-deal network, according to Pandin), the IFF attracted notable members such as Sen. Jesse Helms, R-N.C., and Rep. Dan Burton, R-Ind.

“It was meant to be a way to institutionalize the contacts he’d made abroad — people who were interested in anti-communist stuff, democracy building, that kind of thing,” said Pandin, who held directorships at the IFF from its inception until it shut down in the early 1990s. “We were skeptical of the ANC,” he went on. “We did not want to see the U.S. imposing sanctions on South Africa.”

The IFF, however, could not claim impartiality on the subject. It was, in fact, clandestinely funded by the SADF’s military intelligence arm, according to former U.S. officials, ANC documents, and reports published in U.S. and U.K. According to a 1995 Newsday report, the IFF received up to $1.5 million a year from the SADF from 1986 through 1992, as a part of Operation Babushka, a smear campaign meant to discredit Mandela and the ANC by portraying them as allied with communist regimes. An SADF intelligence chief also told the Newsday reporters that the SADF helped fund “Red Scorpion.”

“We knew that the IFF was funded by the South African government,” Herman Cohen, who ran Africa operations for the National Security Council, told Salon. “It was one of a number of front organizations.”

“I would not be shocked if some of the money they were raising in the Johannesburg office was coming from those kinds of channels,” Pandin said, referring to the SADF.

Pandin recalled that Abramoff enlisted Russell Crystal, the head of the IFF’s Johannesburg office and an advisor to F.W. DeKlerk, to be an informal producer on “Red Scorpion” (whether this meant Crystal helped fund the film, Pandin did not remember). But Pandin says Abramoff refused to compensate Crystal afterward. “It wasn’t a good experience,” Pandin said of the film. “A lot of people didn’t get paid. Russell wasn’t entirely enamored of Jack after that.”

“Jack was always looking for angles and ways to do interesting things until people slowed him down,” he said, obliquely, when asked whether Abramoff, who resigned from a day-to-day position at the IFF in 1987 but remained a chairperson and closely oversaw operations, knew of the connection to the SADF. “He needs somebody to cool him down sometimes. Left to his own devices he’d be inclined to go a little crazy.”

“Maybe he should have paid more attention in some of his law school classes and spent less time making movies.”

Peter Roff, who is listed as Abramoff’s personal assistant in the credits of “Red Scorpion,” said he worked for Abramoff out of the latter’s Washington office during the time of the production in 1987 and ’88. Roff, however, recalled doing more work for the IFF than for the film. Indeed, he only vaguely remembered the name Regency Entertainment. He never went to L.A. or to the set in Africa. But Roff, who worked on George H.W. Bush’s ’88 campaign, claimed he too was unaware of the source of the IFF’s funding.

“I thought he was an exceptional person,” he said of Abramoff. “Creative, good person to work for, very encouraging of my ambitions to be part of something that helped make the world a better place.”

The SADF stopped funding the IFF in 1992. Apartheid had come to an end. By 1994, the organization closed its doors.

Asked by Newsday about the South African government’s connections to the IFF and “Red Scorpion” in 1995, the last time he seems to have entertained questions on the subject, Abramoff called the allegations “outrageous.”

When, inevitably, “Red Scorpion” was released, it was no study in nuance. Directed by Joseph Zito, whose previous credits had included the Chuck Norris movies “Missing in Action” and “Invasion U.S.A,” the dramatis personae consist of scheming, cackling communists on the one hand — the Russians not only tear apart the rebel village with attack helicopters, but also randomly gas a band of peaceful Bushmen and their animals — and noble guerrillas on the other, and the barely intelligible Lundgren in between. The action sequences have all the panache of a subpar “A-Team” episode.

There are some inspired moments, such as the climax, when Argenziano’s character, Col. Zayas, is left groping for his own dismembered arm, which clutches a live grenade (he doesn’t reach in time). There is also a rousing speech delivered by the token freewheeling American, a foul-mouthed, boozing journalist played by M. Emmet Walsh: “As a matter of fact, in America, an American can swear whenever, wherever and however much he or she fucking well pleases!” he yells at Lundgren. “A little something called freedom of speech, which I’m sure you Russians aren’t real familiar with!” In another nice touch, the closing credits roll over Little Richard’s “All Around the World,” remixed to include machine-gun and exploding-bomb sound effects.

If only things were as jovial off the set. They weren’t. Actors went unpaid; Argenziano said that although he was paid his initial salary, he has never received a residuals check for “Red Scorpion.” The manager of one of the major cast members, who did not want to be named, said that, according to her client, many of the actors and crew were never paid at all.

“I just wanted to get the hell out of there,” Argenziano said. “It was a very hard shoot. We were all worn out, so no one made a stink.”

Glickenhaus, who knew of crew and cast going unpaid, claimed that despite its poor box office receipts, “Red Scorpion” did well in video, television and foreign sales. Nonetheless, at some point prior to its release in April 1989, the Abramoffs and Regency found themselves in enough debt that the film went into the possession of Performance Guarantees, a completion bond company.

Abramoff also borrowed money from friends that he never repaid. During the production, he took a $50,000 personal loan from Ralph Nurnberger, a Georgetown professor and consultant. Nurnberger and Abramoff later worked together (from 1999 to the end of 2000) at Preston Gates Ellis. Abramoff has still not repaid the loan.

Remarkably, there was a “Red Scorpion 2.” It went straight to video in 1994 and did not star Lundgren. Abramoff is listed as an executive producer, but he had only a nominal connection to the film, according to its other producers. But by then, Abramoff had decided politics and not political movies were his true calling, and he was back in Washington, a lobbyist at Preston Gates (the lobbying firm run by the father of Microsoft founder Bill Gates). Now, of course, his decades-long ascent into Republican power circles is coming to a crashing end. Investigators are combing through every aspect of his life. He has become Washington’s summa persona non grata, disowned even by Rep. Tom DeLay, R-Texas, for whom he is alleged to have purchased a trip to Scotland.

After Jack returned to Washington, Robert Abramoff stayed in Los Angeles and continued to produce films. He is now a full-time lawyer. Reached at the offices of Burgee & Abramoff in Woodland Hills, he refused to speak about his brother or “Red Scorpion.” “It’s a family matter and I prefer not to comment on anything,” he said.

James Verini is a writer in Los Angeles.

John Edwards’ creepy mug shot

The disgraced senator flashes an unnerving grin -- just like Tom DeLay

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John Edwards' creepy mug shotEdwards sports a cold, dead smile in his mugshot

If the pictures of Anthony Weiner and (allegedly) a sunbathing Newt Gingrich weren’t too much for you, here’s another unsettling image: CNN’s Ed Hornick has posted John Edwards’ mug shot. Edwards, who faces felony charges for allegedly using over $1 million of campaign cash to hide his extramarital affair and child, went for the unnerving smile with accompanying cold, dead eyes for his photo:

The image is reminiscent of Tom DeLay from the Republican former House majority leader’s mug shot. (DeLay was ultimately convicted on conspiracy and money-laundering charges.)

We wonder whether the smiles here are meant to convey confidence or an image of innocence. If so, neither man succeeded.

Natasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com

Meet Patrick McHenry, the rudest, most shameless College Republican in Congress

Of course he was unfair to Elizabeth Warren: He was trained by the most cutthroat political organization around

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Meet Patrick McHenry, the rudest, most shameless College Republican in CongressPatrick McHenry

Rep. Patrick McHenry (R-Countrywide) called Elizabeth Warren a liar at the conclusion of a House Oversight subcommittee hearing that had already consisted mainly of Republican members of Congress getting very basic information about Warren’s Consumer Financial Protection Bureau completely wrong.

McHenry has been one of the most completely shameless of House Republicans since his arrival in Congress, in 2005, when he immediately and publicly endorsed Tom DeLay’s brilliant plan to exempt himself from ethics rules as his connections to Jack Abramoff began to end his career. But he was born to be cheerfully corrupt: He’s a product of the College Republicans, an organization that trains little Lee Atwaters, Karl Roves and Grover Norquists in the arts of scorched-earth campaigning and wholly irresponsible “governing” on behalf of the monied interests that bought you your job. The ethos is win by any means necessary, legal or quasi-legal (or worse, as long as you never get caught), and McHenry was very good at that, according to Benjamin Wallace-Wells’ memorable profile of the then-freshman in the Washington Monthly.

After the College Republicans, and a failed state legislature race, McHenry moved on to truly insidious conservative astroturfing/push-polling/communications firm DCI, then worked for Rove, then took a political appointment in the Bush administration, then moved to the district he now represents, where he started a real estate company that did not actually buy or sell any real estate, so that he could run for Congress as “a small businessman.”

Once in the United States House of Representatives, McHenry personally intervened in a wild and bloody College Republican National Committee chair election, on behalf of a personal friend of his who’d become slightly toxic after he sent fundraising letters attempting to trick “elderly people with dementia” into donating to the CRNC. And he was successful! The horrible kid won, against all odds:

In other phone calls, McHenry was more blunt: “He told me, and several of my friends that we were done in politics if we didn’t support him,” another College Republican chapter president told me. (McHenry has admitted that he and Deans made the calls but denied that they threatened anyone’s career). Over the course of two weeks, after a couple of a dozen calls, McHenry prevailed upon those in the North Carolina delegation to change their votes, removing three votes from Davidson’s column and putting them in Gourley’s. Gourley ended up winning by six votes; had North Carolina voted the other way, Davidson might have won.

Another of McHenry’s first acts in Congress, Wallace-Wells writes, was to champion a bill that was specifically written to rip off a large portion of his constituents, by making it “much harder for government to regulate or block the conversion of credit unions into banks …” He is a close ally of major consumer financial institutions with a plum assignment to the Committee on Financial Services, which is great for raising money.

It’s only natural that Elizabeth Warren, whose mission is to protect consumers from unethical and predatory practices by these institutions, is Patrick McHenry’s enemy. You can complain on his Facebook wall all you like, but the Republican from North Carolina is incapable of feeling embarrassment.

And his treatment of Warren will only make him a bigger conservative hero and an even more attractive investment opportunity for major banks.

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Alex Pareene

Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene

The end of Tom DeLay

And why he'll probably never spend a day in prison

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The end of Tom DeLayTom Delay

On Monday, Tom DeLay was sentenced to three years in prison on two felony charges, conspiracy and money laundering, in a campaign finance corruption case that had dragged on for years.

The sentencing of DeLay, once one of the most powerful Republicans in Washington and the majority leader of the House of Representatives, was largely ignored because of the aftermath of the mass shooting in Arizona.

But it’s an extraordinary story — and one that’s not quite over. When he was indicted in Texas in 2005, DeLay’s political career sustained a fatal blow. He was forced to step down from his House leadership position and, in 2006, he resigned from Congress. 

The charges arose after DeLay set up a PAC to funnel corporate money, which is barred in Texas elections, to candidates for the state legislature. The group raised $190,000 and funneled it through the national Republican Party, which then distributed the money to several state-level candidates in Texas.

To learn more about the case that brought DeLay down, I spoke with Lou Dubose, who co-authored “The Hammer,” a biography of DeLay. The former editor of the Texas Observer and the current editor of the Washington Spectator newsletter, Dubose covered the trial gavel to gavel in Austin. He was in the courtroom on Monday when DeLay gave a lengthy presentencing speech accusing prosecutors of having political motivations and claiming he had $10 million in legal bills. 

I asked Dubose whether DeLay, who is planning an appeal, will ever see the inside of a jail cell, and whether the former majority leader appears humbled by the ordeal of the trial.  The conversation has been edited for length and clarity.

Did you ever think that you would see this happen?

I really didn’t. This was a working class jury, and I think that made a huge difference.

What was the dynamic with the jury — why did that make a difference?

Gary Cobb, the assistant DA who tried the case, really dragged out the $50,000 checks and the flights on corporate jets with the same persons who had written the checks to DeLay’s PAC. The sort of life that Tom DeLay lived at the expense of the corporate lobby — I think that really made an impact. By their clothes and what we know about them, it was a real working-class jury.

Oddly enough, Tom DeLay spent the entire duration of the three-week trial in a motor home rather than the Four Seasons. He drove his motor coach over here and checked into a motor home park in south Austin, a long way from where he was playing golf at Saint Andrews in Scotland. Then there was also the fact of the way the DeLays dressed, the fact that Reverend Rick Scarborough was sitting behind them. There was a lot of bling there that these people on the jury didn’t have.

Was it possible to tell where the $190,000 ended up? Did it just go to the state GOP?

The money came back, and it went to the candidates in Texas for whom it was designated. The backstory, of course, is that the Republicans controlled everything in Texas but the statehouse. Therefore they could not control redistricting. So DeLay set this organization up in 2001 for the 2002 election and they had to win a majority in the house. They moved this $190,000 up to D.C. because they were specifically raising corporate money, which was easier to raise. They sent it to Washington with specific instructions to send it back to these designated candidates. The candidates got the checks in the exact amount of $190,000.

And DeLay personally raised the money?

Well, that was the question. He stayed in the background but the state proved that he was aware that that transaction had happened. He was probably involved in directing it, although they didn’t have direct testimony on that. They put the three men who did the money-laundering in a room together in Sugar Land, Texas, in DeLay’s district, before the transaction was made.

Remarkably, at one point in the trial, DeLay went out and talked to Laylan Copelin of the Austin American-Statesman, who is a really terrific reporter. And Laylan asked him if he could have stopped the transaction. And DeLay said, “I could have stopped it, but why would I?”

And that was used in the trial?

In the middle of the trial, the state called Laylan Copelin as a witness — really bizarre. He’d been sitting there most of the trial; two weeks into the trial they call him as a witness because of what DeLay had said. His story ran, and two days later he was on the stand testifying as to what he had been told.

So I think DeLay proved to be a terrible client for a storied criminal defense attorney, Dick DeGuerin. That said, the state did an incredible job putting on a case that had to be by nature largely circumstantial.

Do you think he will ever spend a day in jail?

No. Simply because the Court of Criminal Appeals is an elected court, it’s all Republican, it’s highly political. It’s known as a prosecutors’ court, but in this case I would bet that they’re going to rule for the defendant. The Third Court of Appeals, where the appeal will start, is also a Republican court.

What are the issues in the appeal?

These courts are going to have to find a creative way of setting Tom DeLay free. One argument that they once made that they might try to revive is that money-laundering didn’t apply to checks, it applied to cash. This involved checks. The problem with that at the appellate level is that there have been a number of convictions based on money laundering with checks. So are you going to overturn all these prior convictions in order to save Tom DeLay?

What is DeLay doing these days?

You know, nothing. He is struggling to remain relevant. DeLay was always the star at CPAC, the annual conservative conference in Washington. But he hasn’t been allowed to speak there. Two years ago at CPAC, he was trolling for interviews. At the last CPAC convention, he was shunned.

He’s become a pariah to the Republican Party, and I don’t quite understand why. The true believers hold him responsible, rightly, for the Bush Medicare prescription drug bill, which DeLay pushed through. But he’s of no use to them anymore, and he’s not wanted. So most of what he does is struggle to remain relevant, and he’s not. Dick DeGuerin, in his closing argument, said “This prosecution has rendered my client unemployable.” And to my knowledge, he’s not employed.

His media statements have been defiant, but has he changed?

I don’t think so. That’s what’s remarkable. This is the same Tom DeLay that I saw every day for a year and a half when I followed him in Washington. It seemed to me that it never occurred to him that he no longer had the power that he once exercised. He had no regrets — he’s the same guy, except that he’s driving in a motor home instead of sleeping in the Four Seasons.

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Justin Elliott

Justin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin

Tom DeLay sentenced to 3 years in prison

Former U.S. House majority leader was convicted of money laundering and conspiracy

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Tom DeLay sentenced to 3 years in prisonFILE - In this Oct. 26, 2010 file photo, former House Majority Leader Tom DeLay arrives at the Travis County courthouse in Austin, Texas, for jury selection in his corruption trial. Delay will be back in court on Monday, Jan. 10. 2011, for the sentencing phase of his trial after his Nov. 24 conviction on charges of money laundering and conspiracy to commit money laundering in a scheme to illegally funnel corporate money to Texas candidates in 2002. (AP Photo/Jack Plunkett, File)(Credit: AP)

A judge has ordered U.S. House Majority Leader Tom DeLay to serve three years in prison for his role in a scheme to illegally funnel corporate money to Texas candidates in 2002.

The sentence comes after a jury in November convicted DeLay on charges of money laundering and conspiracy to commit money laundering. DeLay was once one of the most powerful men in U.S. politics, ascending to the No. 2 job in the House of Representatives.

The former Houston-area congressman had faced up to life in prison. His attorneys asked for probation.

Senior Judge Pat Priest issued his ruling after a brief sentencing hearing on Monday in which former U.S. House Speaker Dennis Hastert testified on DeLay’s behalf.

Priest declined to hear testimony from the state’s only witness.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

Jury convicts Tom DeLay in money-laundering trial

DeLay maintains his innocence and plans to appeal the verdict it took 19 hours to reach

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Former U.S. House Majority Leader Tom DeLay — once one of the most powerful and feared Republicans in Congress — was convicted Wednesday on charges he illegally funneled corporate money to Texas candidates in 2002.

Jurors deliberated for 19 hours before returning guilty verdicts against DeLay on charges of money laundering and conspiracy to commit money laundering. He faces up to life in prison on the money laundering charge.

After the verdicts were read, DeLay hugged his daughter, Danielle, and his wife, Christine. His lead attorney, Dick DeGuerin, said they planned to appeal the verdict.

“This is an abuse of power. It’s a miscarriage of justice, and I still maintain that I am innocent. The criminalization of politics undermines our very system and I’m very disappointed in the outcome,” DeLay told reporters outside the courtroom. He remains free on bond, and his sentencing was tentatively set to begin on Dec. 20.

Prosecutors said DeLay, who once held the No. 2 job in the House of Representatives and whose heavy-handed style earned him the nickname “the Hammer,” used his political action committee to illegally channel $190,000 in corporate donations into 2002 Texas legislative races through a money swap.

DeLay and his attorneys maintained the former Houston-area congressman did nothing wrong as no corporate funds went to Texas candidates and the money swap was legal.

The verdict came after a three-week trial in which prosecutors presented more than 30 witnesses and volumes of e-mails and other documents. DeLay’s attorneys presented five witnesses.

Prosecutors said DeLay conspired with two associates, John Colyandro and Jim Ellis, to use his Texas-based PAC to send $190,000 in corporate money to an arm of the Washington-based Republican National Committee, or RNC. The RNC then sent the same amount to seven Texas House candidates. Under Texas law, corporate money can’t go directly to political campaigns.

Prosecutors claim the money helped Republicans take control of the Texas House. That enabled the GOP majority to push through a Delay-engineered congressional redistricting plan that sent more Texas Republicans to Congress in 2004 — and strengthened DeLay’s political power.

DeLay’s attorneys argued the money swap resulted in the seven candidates getting donations from individuals, which they could legally use in Texas.

They also said DeLay only lent his name to the PAC and had little involvement in how it was run. Prosecutors, who presented mostly circumstantial evidence, didn’t prove he committed a crime, they said.

DeLay has chosen to have Senior Judge Pat Priest sentence him. He faces five years to life in prison on the money laundering charge and two to 20 years on the conspiracy charge. He also would be eligible for probation.

The 2005 criminal charges in Texas, as well as a separate federal investigation of DeLay’s ties to disgraced former lobbyist Jack Abramoff, ended his 22-year political career representing suburban Houston. The Justice Department probe into DeLay’s ties to Abramoff ended without any charges filed against DeLay.

Ellis and Colyandro, who face lesser charges, will be tried later.

Except for a 2009 appearance on ABC’s hit television show “Dancing With the Stars,” DeLay has been out of the spotlight since resigning from Congress in 2006. He now runs a consulting firm based in the Houston suburb of Sugar Land.

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