A Texas grand jury on Wednesday indicted U.S. House of Representatives Majority Leader Tom DeLay. While DeLay, one of the most powerful politicians in the country, has often operated within spitting distance of the line between legal and illegal, we’ll leave it to the courts and a jury to determine if he’s guilty of conspiracy involving campaign financing.

We do, however, disagree with Delay’s assertion that his indictment is the product of partisan attack by prosecutor Ronnie Earle, a Democratic district attorney.

Examining Earle’s record, as reported by the Austin-American Statesman, indicates the prosecutor doesn’t play favorites. During his time as district attorney, Earle’s office has gone after Democrats with as much or more vigor as Republicans. He’s prosecuted a Democratic speaker of the Texas House, a Democratic attorney general, a Democratic state treasurer and a Democratic Texas Supreme Court justice, to name just a few. According to Earle, as reported by the El Paso Times, of the 15 politicians he’s prosecuted, 11 have been Democrats. His record doesn’t support the allegations that he’s targeting DeLay out of partisan zeal.

DeLay has temporarily relinquished his post as majority leader, but his grip on power in the House is only marginally diminished. Regardless of Earle’s motives, he better brace himself for a blistering attack. DeLay earned his nickname as “The Hammer” for his arm-twisting acumen and bare-knuckles style of politics. He’s not likely to sit back and wait for justice. His instincts are to attack. And that’s what we expect.