WyLiberty Attorneys File Brief in Texas Free Speech Case

CHEYENNE – Wyoming Liberty Group attorneys Benjamin Barr and Steve Klein filed an amicus curiae (friend-of-the-court) brief in the Texas Fifth Court of Appeals at Dallas, arguing that a political contributor's convictions for organized crime, bribery and money laundering for campaign finance violations unconstitutionally abridge his First Amendment rights.

In 2007, David and Stacy Cary broke several campaign finance laws under the Texas Election Code, indirectly contributing excessive funds to a judicial candidate. The candidate won the election handily, but was then indicted along with the Carys.

"The Carys broke the law, but the civil punishment—which could have been nearly half a million dollars—wasn't enough for the Texas Attorney General's Office," said Benjamin Barr, lead counsel to WyLiberty. "Instead, the state ignored its laws that govern elections and charged bribery, but also ignored important provisions of the state's bribery statute."

The Carys and the judge were tried separately, and each convicted. Only David Cary—the most recent conviction—was sentenced to serve time in prison. His sentence is 14 years.

"The way the state applied the bribery statute in this case, any political contribution in Texas becomes suspect," said Steve Klein, WyLiberty staff attorney. "Laws that govern politics must be precisely written and carefully applied. In this case, the State of Texas failed to do the latter, and if the case is upheld no one will know where campaign contributions end and bribery begins."

Last month, the Texas Court of Criminal Appeals affirmed that Tom DeLay was innocent of money laundering for alleged campaign finance violations. WyLiberty filed two briefs in the appeal.

"Unlike Tom DeLay, the Carys actually broke the law," said Barr. "But government isn't free to invent crimes when the law only carries civil penalties. This is just one more example of the criminalization of the American political process that must end."

James "Trey" Trainor, of Beirne, Maynard & Parsons, LLP, serves as local counsel on the brief.