I want to see this guy go down. Bad.

AUSTIN, Texas - The prosecution of former House Majority Leader Tom DeLay could be stalled for weeks or even months while Texas’ highest criminal court decides whether a dismissed campaign finance conspiracy charge against him should be reinstated.

The Texas Court of Criminal Appeals is set to hear arguments Wednesday on the conspiracy charge - part of the criminal case that helped drive DeLay from office.

Prosecutors want the charge reinstated, but attorneys for DeLay and two co-defendants contend a lower appellate court correctly ruled that the law was not in effect when the alleged conspiracy occurred in 2002.

DeLay’s trial on remaining felony conspiracy and money laundering charges must wait until the state’s highest criminal court rules, which could be weeks or months after Wednesday’s hearing.

DeLay, who resigned his seat in Congress last summer, wants to get the criminal case behind him, said his attorney, Dick DeGuerin. DeLay is not expected to attend the hearing.

DeGuerin said the prosecution’s appeal of the dismissed conspiracy charge allowed them to put off DeLay’s trial and hurt him as he tried to regain his leadership post and fight off election challengers.

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