Bush Saying DeLay Is Not Guilty Is Defended as ‘Presidential Prerogative’

The White House on Thursday defended President Bush’s decision to insert himself into Rep. Tom DeLay’s legal case, saying Bush was employing “presidential prerogative” when he declared the former House majority leader was innocent of criminal charges in Texas.

On Wednesday, Bush was asked during an interview on Fox News whether he believed DeLay was innocent. “Yes, I do,” Bush replied.

DeLay, a Texas Republican, was forced to step down as the No. 2 House leader in late November after he was indicted on a state charge of conspiracy to violate election laws.

A second grand jury indicted him on charges of conspiracy to launder money and money laundering.

The initial charge has been dismissed, but a judge has let stand the later charges.

“We don’t typically tend to get into discussing legal matters of that nature,” White House Press Secretary Scott McClellan said. “But in this instance, the president chose to respond to it. Call it presidential prerogative.”

Bush and his aides have refused to answer almost any question related to a CIA leak case, saying it would be inappropriate.

“The president of the United States said a jury does not need to assemble, that Tom DeLay is innocent,” said Senate Minority Leader Harry Reid (D-Nev.). “To have someone of his stature, the president of the United States, prejudge a case is something I’ve never seen before.”

Bush’s support of DeLay also drew criticism from Sen. Charles E. Schumer (D-N.Y.), who told the president in a letter: “You were willing to break your stated policy of not commenting on pending investigations to express clear and unequivocal support for Tom DeLay.”

McClellan said there was no inconsistency between the president’s remarks in the DeLay case and the White House’s refusal to comment in the CIA matter. He said the CIA case involved a continuing investigation affecting the Bush administration, and the DeLay case was further along in the legal process.

McClellan said the White House had commented previously on legal matters, such as charges against former Iraqi President Saddam Hussein.

Democrats charged Thursday that Republican leaders were going to extraordinary lengths to protect DeLay. Once the House adjourns for the year, it will reconvene at the end of January, the latest reassembly since 1933, House Minority Leader Nancy Pelosi (D-San Francisco) said. Pelosi said the reassembly was timed to protect DeLay from a challenge to his hope of reclaiming his leadership post.

Jessica Boulanger, a spokeswoman for acting Majority Leader Roy Blunt (R-Mo.), told the Washington Post that the proposed Jan. 31 return date was a few days later than those of recent Congresses.

Boulanger said it was “absolutely false” to say the date was picked with DeLay in mind.