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11-17-2004 house leadership - Eyeing DeLay Situation, Republicans To Vote On Rules Change In a bid to protect House Majority Leader DeLay from being compelled to surrender his leadership post if indicted by a Texas grand jury, the House Republican Conference is expected to vote today on an amendment to overturn a Conference rule that automatically removes members from leadership if they are indicted on charges that could result in two or more years in prison. The situation was fluid at presstime and leadership aides warned the vote might be put off in order to resolve some disagreements over the language of the rule change. The proposed language by Rep. Henry Bonilla, R-Texas, creates a distinction between federal and state indictments -- a member could still be removed if indicted on federal charges. The Conference would retain the power to vote out a leader indicted on state charges, but the expulsion would not be automatic. The distinction represents a slap at Travis County District Attorney Ronnie Earle, who has been conducting a long-running investigation into a fundraising arm of DeLay's operation, Texans for a Republican Majority. The investigation resulted in the September indictment of three of DeLay's associates connected with TRMPAC. Earle's investigation revolves largely around allegations that DeLay's fundraising operation skirted campaign finance laws in the 2002 elections to help Republicans capture the state House in Texas. DeLay has not been formally named in the investigation, or subpoenaed. He has said he has no knowledge of any alleged illegal campaign fundraising activities. DeLay and his aides have long dismissed the investigation as a "political witch hunt" and an act of retribution by Democrats for a redistricting effort he spearheaded that ultimately resulted in four Democratic incumbents losing their seats and handing Texas the largest GOP congressional delegation of any state. Bonilla told reporters Monday he offered the rules change to protect members from "crackpot political attorneys" and to allow the Conference to decide its own leadership. "I have a great respect for Tom DeLay," Bonilla said, "and I think it's unconscionable what has occurred." Bonilla said he did not confer with DeLay, his aides, or House Speaker Hastert in drafting the language. He also said he has done no whip counts on the proposal, but GOP aides said Monday they expect it to pass if brought before the Conference. With 231 members, Conference rules require a simple majority for rules changes and votes are cast by secret ballot. Several GOP aides said Monday that the effort was led by rank-and-file members as a show of support for DeLay. "There is a strong consensus that something needs to be done," said one Republican aide, adding that some members reason that the rules change might in some way deflate a decision by Earle to indict DeLay if he has enough evidence to do so. DeLay's office said Monday that he has played no role in drafting the rules change. "The majority leader believes members of the Conference should come to their own conclusions on this issue and that the Conference should work its will without him exerting undue influence one way or the other," said a spokesman for DeLay. House Minority Leader Pelosi sharply criticized the proposed rules change. "If they make this rules change, Republicans will confirm yet again that they simply do not care if their leaders are ethical," Pelosi said in a written statement. "If Republicans believe that an indicted member should be allowed to hold a top leadership position in the House of Representatives, their arrogance is astonishing." By Susan Davis CongressDailyAM

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