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  1. #1
    sojustask's Avatar
    sojustask is offline The Late, Great Lady Mod - Retired User Rank
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    Hearing Set for DeLay Judge Request

    I find the last paragraph interesting. Technically, when DeLay stepped down that was supposed to mean he wasn't running things anymore. So, how could a delay in the trial interfere with "the regular order and conduct of national legislative business in Congress"?

    Curiouser and curiouser...
    **********************************

    Hearing Set for DeLay Judge Request
    http://www.guardian.co.uk/worldlates...367516,00.html
    Tuesday October 25, 2005 12:46 AM


    AUSTIN, Texas (AP) - A retired Texas judge was appointed Monday to decide if state district Judge Bob Perkins should continue presiding over former House Majority Leader Tom DeLay's trial on money laundering and conspiracy charges.

    C. W. Duncan, a former state district judge, will hold a hearing Nov. 1 on DeLay's request that Perkins leave the case because he has contributed money to candidates and Democratic causes that oppose DeLay.

    Perkins referred the decision to B.B. Schraub, presiding judge of the third administrative judicial region. Schraub on Monday assigned the case to Duncan. The hearing will be in Perkins' Austin courtroom.

    In the document asking Perkins to step aside, attorneys listed 34 contributions that Perkins made to Democratic organizations and candidates, including three to Sen. John Kerry, D-Mass., when he was running for president in 2004. Others went to the Democratic National Committee, the party's Texas arm and MoveOn.org., a liberal interest group.

    DeLay and two associates are accused of laundering money through the national Republican Party to Texas legislative candidates, despite a state law prohibiting use of corporate funds to support or defeat state candidates. The lawmaker was forced, under House GOP rules, to step aside as majority leader when he was indicted on felony counts.

    Meanwhile Monday, DeLay's attorneys filed another motion seeking to expedite proceedings in the trial, arguing that the case has ``affected the regular order and conduct of national legislative business'' in Congress.
    Last edited by sojustask; 10-25-2005 at 02:51 AM.

  2. #2
    tommywho70x Guest

    Re: Hearing Set for DeLay Judge Request

    I guess that thickens the soup a little more than some fabricated T-shirt story, doesn't it?

    Still, the causes for the motion raise a bunch of questions in my noodle.

    - Is Perkins' bench an elected or appointed position?

    - If that judgeship is elected, won't it be impossible to find a replacement who is not going to be biased one way or the other? Appointed judges are likely to be even more biased in light of their debt to the political 'padrone' that got them there.

    - There also seems to be a huge element of "So what?!?" to the cause for the motion. Judges are no different from any other political donor on that level, but once they put on the robes and come out of their chambers onto the bench, political preferences should not enter into any of their rulings. In this respect, the motion seems to be an attack on the man's integrity and qualifications to be a judge at all.

  3. #3
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    Re: Hearing Set for DeLay Judge Request

    Quote Originally Posted by tommywho70x
    I guess that thickens the soup a little more than some fabricated T-shirt story, doesn't it?

    Still, the causes for the motion raise a bunch of questions in my noodle.

    - Is Perkins' bench an elected or appointed position?

    - If that judgeship is elected, won't it be impossible to find a replacement who is not going to be biased one way or the other? Appointed judges are likely to be even more biased in light of their debt to the political 'padrone' that got them there.

    - There also seems to be a huge element of "So what?!?" to the cause for the motion. Judges are no different from any other political donor on that level, but once they put on the robes and come out of their chambers onto the bench, political preferences should not enter into any of their rulings. In this respect, the motion seems to be an attack on the man's integrity and qualifications to be a judge at all.
    It's my understanding that Judges in Perkins' position are appointed through the Judiciary branch of the Govt... which would effectively remove the 'taint' of indebtedness to a 'patron'.
    Questioning a judge's impartiality is commonplace and is not an 'attack' on the judge... it is simply a safeguard to insure the Judge is as impartial as humanly possible.

    cheers,
    Paul

  4. #4
    tommywho70x Guest

    Re: Hearing Set for DeLay Judge Request

    very true, Paul.

    in this particular instance, we've got Tom DeLay who is a hard-nosed politician with as little integrity as any other politician on either side of the aisle and his attorney who we can rightfully assume that old Will Shakespeare knew what to do with him against Ronnie Earle, another attorney/politician who has some very serious distrust of him built up in people who should be backing him as his constituency.

    The whole affair stinks and Perkins is probably the last member of the cast who deserves to be dragged through the mud.

  5. #5
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    Re: Hearing Set for DeLay Judge Request

    Yeah, the whole affair stinks... but one way to look at this 'hiccup' is that it reduces the chance of the defense calling for a mis-trial and the case being thrown out.

    cheers,
    Paul

  6. #6
    tommywho70x Guest

    Re: Hearing Set for DeLay Judge Request

    Quote Originally Posted by PaulM
    Yeah, the whole affair stinks... but one way to look at this 'hiccup' is that it reduces the chance of the defense calling for a mis-trial and the case being thrown out.

    cheers,
    Paul
    i'm not so sure that that wouldn't be a good thing at this point. if the case has no merit, the trial costs get covered by public funds.

  7. #7
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    Re: Hearing Set for DeLay Judge Request

    Again... true. However, a Grand Jury thought there was enough of a case to issue an indictment and the case was not dismissed during preliminary Hearings. Since a Plea of 'not guilty' was submitted then the case must be tried. Had Delay pled 'guilty' there wouldn't be a trial... the case would have jumped to the 'sentencing' phase.
    So whether the case has any merit or not... it's going to be tried.

    We shall see what happens...

    cheers,
    Paul

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