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DeLay Asks Judge to Recuse Himself

by TChris

Unsurprisingly, Tom DeLay would prefer to have his case heard by a judge who votes for Republicans rather than Democrats. The judge assigned to DeLay's case donated money to MoveOn prior to the last election, a fact that DeLay seized upon to ask the judge to remove himself from the case.

DeLay's lawyer argued that MoveOn has been "selling T-shirts with Mr. DeLay's mug shot on it," an assertion that MoveOn denies. Will that tenuous connection between the judge and anti-DeLay sentiment be enough to convince the judge to take himself off the case? It doesn't sound like it.

"Let me just say I haven't ever seen that T-shirt, number one. Number two, I haven't bought it. Number three, the last time I contributed to MoveOn that I know of was prior to the November election last year, when they were primarily helping Sen. Kerry," responded the judge.

Prosecutor Ronnie Earle pointed out that an indicted politician has no right to a judge who happens to belong to his own political party. The judge hasn't yet decided how to respond to the request. Until he does, DeLay's arraignment will be ... delayed.

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  • Re: DeLay Asks Judge to Recuse Himself (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:13 PM EST
    You might point out that MoveOn denies the assertion because the assertion is false. No reason to make it he said/she said.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:13 PM EST
    Do DeLay and DeLay Inc. really think everyone is as petty, vindictive, and unprofessional as they are? IF so, they have completely abandoned the concept and principles of a democratic, pluralistc nation. They are truly the traitors and have no remorse. Defend them, trolls, I beg you.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#3)
    by Quaker in a Basement on Sat Dec 17, 2005 at 01:05:13 PM EST
    Well, if Tom's lawyer can get the Democratic judge to recuse, next he'll excuse all the Democratic jurors. Fair trial, everybody!

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:13 PM EST
    Mr. DeGuerin is playing fast and loose with the facts in many public statements. It is a tactic. I hope it backfires badly. He better not try it in court.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#5)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:13 PM EST
    Recuse himself? haha A fair trial is only possible in TX with a Democratic judge; any Republican judge would owe his/her existence to the very machine whose activities are the heart of the matter in the DeLay case.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#6)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:13 PM EST
    Uh, shouldn't the Supreme Court members who were Republican-appointed have recused themselves instead of stealing the election for George? So what'll they say about Fitzpatrick, that he's a Dem Plant?

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#7)
    by aw on Sat Dec 17, 2005 at 01:05:14 PM EST
    He better not try it in court.
    Didn't he just do exactly that?

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#8)
    by Sailor on Sat Dec 17, 2005 at 01:05:14 PM EST
    This thread is about delay & earle, not fitz & rove. Try to stay on thread. p.s. mr charlie, if you want a comparison of starr and Fitz, go here.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#9)
    by killer on Sat Dec 17, 2005 at 01:05:14 PM EST
    The judge won't be too happy when he finds out that the supporting statement for the recusal request was a lie.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#10)
    by roy on Sat Dec 17, 2005 at 01:05:14 PM EST
    Ignoring the t-shirt lie, MoveOn is clearly an anti-Delay organization, which has campaigned on the very issue the judge is supposed to consider. See here, here, here, here, and here for recent activities. There was some conflict between Delay and MoveOn even back in 2004, when the judge donated. I'm not sure if that means the request is reasonable. (Full disclosure, Delay is my rep, and I think his mug shot is darned funny)

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#11)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:14 PM EST
    I don't remember DeLay complaining when right-wing Judge David Sentelle was put in charge of three judge court overseeing the Clinton investigation....

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#12)
    by roger on Sat Dec 17, 2005 at 01:05:15 PM EST
    Political affiliation is not enough where I live. The defendant must file a notorized affidavit alleging sufficient legal grounds for recusal. The Judge does not rule on the truth of the allegation, just if true, would their be sufficient grounds. This case does not come close.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#13)
    by nolo on Sat Dec 17, 2005 at 01:05:15 PM EST
    Same thing in my state, Roger.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#14)
    by Dadler on Sat Dec 17, 2005 at 01:05:15 PM EST
    Just heard a delay clip on Air America, where he says, "I'm being prosecuted for defeating democrats". What a deluded, egomaniacal, twisted piece of guano. Can you get any further from actually adressing the charges? RIA TD - Rest In Agony Tom DeLay

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#15)
    by roger on Sat Dec 17, 2005 at 01:05:15 PM EST
    Actually Charley, in my state we had a case where one of the lawyers was the campaign manager for the Judge! Ruling- no recusal!

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#16)
    by Ernesto Del Mundo on Sat Dec 17, 2005 at 01:05:15 PM EST
    I hope it works, charley and he gets a Republican judge...one exactly like John Sirica.

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#17)
    by roger on Sat Dec 17, 2005 at 01:05:15 PM EST
    Charley, Check out NY law. You only get to ask for the recusal AFTER the trial. Last I checked, 3 had been granted in the history of the state. Besides, Delay has a repub prosecutor.......

    Re: DeLay Asks Judge to Recuse Himself (none / 0) (#18)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:15 PM EST
    Now that Delay has already saturated this town with ads attacking Ronnie Earle, shouldn't he have to stay and face trial here in Austin?