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DeLay Judge given the boot

R

RightIsWrong

Diamond Member
Nice to know that you are only allowed to be judged by someone that supports you and what you stand for.

Judge Removed From DeLay's Criminal Case

By APRIL CASTRO
Associated Press Writer

AUSTIN, Texas (AP) -- The judge in Rep. Tom DeLay's conspiracy case was removed at the congressman's request Tuesday because of his donations to Democratic candidates and causes.

A new judge will be appointed to preside over the case, a judge who came out of retirement to hear the dispute ruled.

The ruling came after a hearing in which attorneys for the former House Republican leader argued that state District Judge Bob Perkins' political donations called his impartiality into question. Perkins, a Democrat, has contributed to candidates such as John Kerry and the liberal advocacy group MoveOn.org.

"The public perception of Judge Perkins' activities shows him to be on opposite sides of the political fence than Tom DeLay," defense attorney Dick DeGuerin told Judge C.W. Duncan, who was called out of retirement to decide the matter.

Perkins had declined to withdraw from the case, and prosecutor Rick Reed argued at the hearing that DeLay must prove that a member of the public would have a "reasonable doubt that the judge is impartial" before Perkins could be removed.

"Judges are presumed to be impartial," Reed said.

Judges are elected in Texas and are free to contribute to candidates and political parties. DeGuerin said no one contends Perkins did anything wrong, but "to protect the integrity" of the judicial system, he should not preside over a trial for someone to whom he is opposed politically.

The issue has come up for Perkins before. He voluntarily stepped aside in a 1994 case against Sen. Kay Bailey Hutchison. Perkins had made a $300 contribution to Hutchison's political opponent. Hutchison, also represented by DeGuerin, was ultimately acquitted of misconduct charges.

DeLay was forced to step down as House majority leaader after being charged with funneling corporate campaign contributions to Republican candidates for the Texas Legislature. Texas law forbids the direct use of corporate money for campaigning.

Delay's lawyers cited 34 contributions Perkins has made to Democrats since 2000, including donations to Kerry and to MoveOn.org, a group that has waged a campaign against DeLay.

Perkins has said that his contributions to MoveOn.org were made before it launched its anti-DeLay campaign. Prosecutors also argued that six of the contributions were wrongly counted twice by DeLay's attorneys.

DeLay's attorneys subpoenaed Perkins to testify, but Duncan said he would not have to take the stand. Perkins argued that his participation would threaten the public's confidence in the judiciary.
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Originally posted by: RightIsWrong
Nice to know that you are only allowed to be judged by someone that supports you and what you stand for.
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Or rather, it's nice to know that you won't have to be judged by someone that actively supports those who make it their job to oppose you and what you stand for.
 
I don't see a problem. Lets have an impartial judge. That gives the Republicans one less thing to whine about when their house of cards falls to the ground.
 
My issue isn't so much that he was dismissed from hearing the case, but that every defendant will use this as an excuse.......I can see it now....."You need to be removed from the case your honor, you have been shown to not like criminals and I have your past history as proof. How am I to get a fair trail here?"
 
Originally posted by: RightIsWrong
My issue isn't so much that he was dismissed from hearing the case, but that every defendant will use this as an excuse.......I can see it now....."You need to be removed from the case your honor, you have been shown to not like criminals and I have your past history as proof. How am I to get a fair trail here?"
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The difference is that by saying that you won;t get a fair trial because the judge doesn't like criminals, you have incriminated yourself by self-description. Stating that you might not get a fair trial because the judge may not like Republicans is legit because it's not illegal to be a republican (that is, unless Dave gets elected.)
 
let's take this a step further... should Supreme Court justices / nominees now be forced to disclose 100% of their politics and personal positions since we can't trust them to be impartial in their jobs?
 
Originally posted by: loki8481
let's take this a step further... should Supreme Court justices / nominees now be forced to disclose 100% of their politics and personal positions since we can't trust them to be impartial in their jobs?
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Of course not. It's BS that this judge got kicked; unless there's proof of partisan bias in this specific case the judge should be trusted to remain impartial. It's his job.
 
Originally posted by: RightIsWrong
Nice to know that you are only allowed to be judged by someone that supports you and what you stand for.
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The best Judge money can buy, even brought him out of retirement for the extra cash.
 
Originally posted by: loki8481
let's take this a step further... should Supreme Court justices / nominees now be forced to disclose 100% of their politics and personal positions since we can't trust them to be impartial in their jobs?
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Good point and owned any GOP rallying cries to follow. Was there any questions whether or not DeLay would whine until he got his way? Is there any question whether or not they will work to boot any judge that does not donate exclusively to the GOP?
 
Originally posted by: umbrella39
Originally posted by: loki8481
let's take this a step further... should Supreme Court justices / nominees now be forced to disclose 100% of their politics and personal positions since we can't trust them to be impartial in their jobs?
Click to expand...

Good point and owned any GOP rallying cries to follow. Was there any questions whether or not DeLay would whine until he got his way? Is there any question whether or not they will work to boot any judge that does not donate exclusively to the GOP?
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Where was this fake outrage when Scalia wouldn't recuse himself from hearing the case against the Cheney Energy Task Force AFTER he just got back from a hunting trip with and paid for by Cheney?
 
A liberal judge can't be easy to come by in Texas. Is DeLay holding out for a hanging judge? Not the most farsighted of moves on the part of the defense.
 
Originally posted by: loki8481
let's take this a step further... should Supreme Court justices / nominees now be forced to disclose 100% of their politics and personal positions since we can't trust them to be impartial in their jobs?
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Theres a difference and a vaild reason why in Texas he should have been removed. Judges in Texas ARE politicians. Judges in other states are just judges. Texas elects judges at every level of court. Personally I think Texas needs to do away with the electing of judges, politics should be removed from the court room.
 
Originally posted by: ironwing
A liberal judge can't be easy to come by in Texas. Is DeLay holding out for a hanging judge? Not the most farsighted of moves on the part of the defense.
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You are obviously unaware there are large pockets of liberals in Texas. Specifically in Houston, Dallas, Austin and San Antonio. Guess where this case is? Austin, which is heavily dominated by liberals. In all races, judges, reps, senators, statewide officals, federal officals. He's NOT going to get a republican judge in Travis County. Period. Ain't happening. Now he can probably get a less biased judge. They can certainly find a judge not affiliated with Moveon.
 
Originally posted by: zendari
I wonder why the left is so against giving Delay a fair and impartial trial. There are other judges in texas.
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why is Delay himself so against getting a fair and impartial trail?
 
Senior Judge Duncan was elected to judgeship as a Democrat. He has contributed to both parties. I guess that means he was bought by Delay. :roll:

BTW, Perkins recused himself during the Hutchison case brought Earle, why did it take a judge to remove him this time?
 
Interesting that Scalia going on vacation with Cheney didn't cause Scalia to disqualify himself from a case involving Cheney.
 
Originally posted by: loki8481
Originally posted by: zendari
I wonder why the left is so against giving Delay a fair and impartial trial. There are other judges in texas.
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why is Delay himself so against getting a fair and impartial trail?
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He isn't. That's what he's trying to get.
 
Originally posted by: zendari
I wonder why the left is so against giving Delay a fair and impartial trial. There are other judges in texas.
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what was wrong with the judge they had? I don't hear many people bitching in traffic court that their judge is a republican or democrat. So when do we get to start picking and choosing our judges based on their financial contributions and political affiliations? it's only fair that we get to pick our judges too if Mr. Delay can.
 
Originally posted by: ShadesOfGrey
Or rather, it's nice to know that you won't have to be judged by someone that actively supports those who make it their job to oppose you and what you stand for.
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:thumbsup:

Good deal on removal of this partisan judge.
 
Originally posted by: ShadesOfGrey
BTW, Perkins recused himself during the Hutchison case brought Earle, why did it take a judge to remove him this time?
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That's easy. The judge was looking to be in the middle of it all. Looking for attention and headlines. Hutchinson was nothing compared to DeLay.
 
Originally posted by: zendari
Originally posted by: loki8481
Originally posted by: zendari
I wonder why the left is so against giving Delay a fair and impartial trial. There are other judges in texas.
Click to expand...

why is Delay himself so against getting a fair and impartial trail?
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He isn't. That's what he's trying to get.
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No, he's trying to get a rubber stamp from one of his cronies.
 
Originally posted by: rickn
Originally posted by: zendari
I wonder why the left is so against giving Delay a fair and impartial trial. There are other judges in texas.
Click to expand...

what was wrong with the judge they had? I don't hear many people bitching in traffic court that their judge is a republican or democrat. So when do we get to start picking and choosing our judges based on their financial contributions and political affiliations? it's only fair that we get to pick our judges too if Mr. Delay can.
Click to expand...

Clearly there was something wrong with him if another impartial judge found him unfit for the case.

No, he's trying to get a rubber stamp from one of his cronies.
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Duncan is one of his cronies?
 
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