Exclusive DeLay Prosecutor Subpoenas Critics

Travis County District Attorney Ronnie Earle has subpoenaed two officials at the Free Enterprise Fund in connection with ads the conservative group has run criticizing him for his indictment of former House Majority Leader Tom DeLay (R.-Tex.).

The ads attacked Earle, who has a history of indicting his political enemies in both parties, comparing him to an attack dog.

The draft subpoena, which was sent to the District of Columbia to be served to the organization, demands that Free Enterprise Fund (FEF) Communications Director Todd Schorle and executive director O’Brien Murray testify in Texas at DeLay’s change of venue hearing on Dec. 27 — the Tuesday after Christmas.

In the subpoena, Earle also demands “any and all documentation regarding the advertisements that have been produced or paid for by the Free Enterprise Fund, including any and all information regarding media buys by the Free Enterprise Fund for those advertisements that have run in Austin, Texas, and that may affect whether Thomas Dale DeLay may receive a fair trial in Travis County, Texas.”

FEF fears that Earle is trying to get its donor list with this document request, a spokesman said. Former U.S. Solicitor General Ted Olson, now an attorney in private practice, will represent FEF in the matter.

FEF will be running its ads against Earle in Houston this weekend on the Sunday talk shows, including “Meet the Press.”

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