Power Outage

(3 of 3)

While it's true that Earle and DeLay have been locked in a complicated war of Texas-size egos for years, the charges against DeLay are fairly simple. During the 2002 elections, a committee DeLay founded to support conservative politicians--Texans for a Republican Majority, or TRMPAC--allegedly accepted $155,000 in corporate donations and then included that in a check for $190,000 to the Republican National Committee, which then routed a similar amount to seven Texas legislative candidates. DeLay's lawyers say the transactions were separate and that the PAC accepted money from both individuals and corporations. The contribution helped produce six wins that were crucial to DeLay's political ambitions in Washington because they resulted in a Republican majority in the state legislature, which redrew congressional district lines and helped add five more Republicans to the state's congressional delegation. If convicted, DeLay faces up to two years in prison and a maximum fine of $100,000.

DeLay has done his best to paint the D.A. as a Democratic loose cannon. But Earle, 63, points out that of the 15 public officials he has prosecuted, 12 have been fellow Democrats. "Texas law makes it a felony for corporations and labor unions to contribute money to political campaigns," Earle tells TIME. "My job is to prosecute felonies. I'm doing my job." The grand jury foreman, William Gibson, 76, insists that "this was not one of those rubber-stamp deals. Ronnie Earle did not indict Mr. DeLay. Twelve people on that grand jury voted to indict."

If DeLay has cause for hope, it may be that Earle has been more successful convicting minor figures than major ones. The majority leader has put together a legal team headed by Dick DeGuerin, who handed Earle the most spectacular failure of his career: a 1994 misconduct case against former state treasurer Kay Bailey Hutchison that Earle was forced to drop on the first day of trial. Hutchison is now the state's senior Senator.

There are those who predict that DeLay will be able to balance mounting a defense with pulling strings behind the scenes in the House. But whereas he had been accustomed to just stepping downstairs to the majority leader's spacious suite of Capitol offices after a House vote, dusk last Thursday afternoon found DeLay outside on the Capitol Plaza, waiting at a traffic light to return to his office in the Cannon House Office Building across the street. Just like any other Congressman. --With reporting by Cathy Booth Thomas and Hillary Hylton/ Austin and Perry Bacon Jr. and Massimo Calabresi/ Washington