Gibbons, Porter will return funds if DeLay found guilty

Suzanne Struglinski

Thursday, Sept. 29, 2005 | 9:25 a.m.

WASHINGTON -- Nevada House Republicans Jim Gibbons and Jon Porter will return money taken from former House Majority Leader Tom DeLay -- but only if he is found guilty on charges brought against him Wednesday.

DeLay was indicted Wednesday by a Texas grand jury, and he temporarily resigned his leadership post on Wednesday.

Porter took a total of $25,000 during the 2000, 2002 and 2004 election cycles from DeLay's Americans For a Republican Majority political action committee. Porter also accepted another $9,299 from Delay's PAC earlier this year for his 2006 race.

Porter said if DeLay is found guilty, he would have to determine what to do with the money received, but later he said the money could either be returned to DeLay or given to charity. He did not specify what charity.

"He has not been found guilty," Porter said. "I have full faith in the legal system. If he's guilty, he should be punished," Porter said. "An indictment is not proof of guilt, it is part of a process."

Porter said he was "saddened for the political side" and wants this to be "determined by the courts and not by politics."

Porter is a close ally of DeLay as measured by the Public Campaign Action Fund, a nonprofit, nonpartisan group that advocates tougher campaign finance laws. Porter was listed at No. 18 among congressional lawmakers in a ranking that considered six factors that link them to the majority leader, including how much money DeLay had given them. Gibbons was 194th on that list.

Gibbons took a $2,000 contribution from DeLay's PAC in 2004, according to the Federal Election Commission. DeLay has not given money to the fund Gibbons established for his governor's race, Gibbons spokeswoman Amy Maier said.

Gibbons said outside the Republican conference meeting Wednesday that he would return the money if DeLay is found guilty.

"I think Tom did the right thing by stepping down," Gibbons said. "He has the benefit of being innocent until proven guilty.

Republicans had voted in a closed-door session last year that leaders could keep their leadership jobs even if indicted, but under pressure they changed the rule back in January.

The House in January also approved, along party lines, rule changes that Democrats said would make it more difficult to start, and ultimately undermine, ethics investigations. Gibbons and Porter voted for those rule changes; Rep. Shelley Berkley, D-Nev., voted against.

Berkley said Wednesday this issue will be "fair game" against Porter in the 2006 election.

"I won't be leading the charge, but I expect it will be," she said.

She said it is up to Porter to decide whether he should return the money.

"I am not Mr. Porter's mother, I'm his colleague," Berkley said.