AUSTIN, Texas -- Hoping to regain his post as House majority leader when Congress reconvenes in January, US Representative Tom DeLay asked a judge yesterday to throw out the campaign-finance case against him.
The judge said, however, that the Texas Republican will have to wait until at least December for a decision and that the conspiracy and money-laundering case would probably not go to trial before the first of the year.
DeLay and two Republican fund-raisers are accused of illegally funneling $190,000 in corporate donations to GOP candidates for the Texas Legislature. The direct use of corporate money for political purposes is illegal in Texas.
DeLay's lawyer Dick DeGuerin argued that the conspiracy charges were based on a law that was not even on the books when the alleged conspiracy occurred.
But prosecutor Rick Reed disputed that, saying that the Legislature was just clarifying the law in 2003 and that state law has long defined conspiracy as an agreement to commit any felony.
DeLay wants the charges dismissed or resolved in his favor by January.
Under House rules, he was forced to give up his leadership post after he was charged with a felony, but he could regain it if he is cleared before Congress returns.
But Judge Pat Priest said he wants to read written arguments from both sides before making a decision.
He gave lawyers one week to file their arguments, and said he would probably decide a week after that.
''I doubt very seriously we're going to get to trial before the first of the year," Priest said.
DeGuerin said ''we're ready now" for a ruling.
''It's very, very important to Congressman DeLay because he's been required to step down from his leadership post simply because of the existence of an accusation," the defense lawyer told the judge.
DeLay did not speak with reporters before or after the hearing.
The hearing was DeLay's first appearance before Priest, who was appointed to the case after DeLay's lawyers had the first judge removed because of his contributions to Democratic candidates and causes.