T Nation

Stupidity in Tom DeLay Trial


This is just getting ridiculous. What judge are you going to find that DIDN'T contribute to a political party. This is just plain stupid.


Second Judge Out for DeLay Trial
By APRIL CASTRO, Associated Press Writer
2 hours ago

AUSTIN, Texas - Two days after U.S. Rep. Tom DeLay won a fight to get a new judge in his case, prosecutors on Thursday succeeded in ousting the Republican jurist responsible for selecting the new judge.

Administrative Judge B.B. Schraub recused himself after District Attorney Ronnie Earle filed a motion asking for his removal from the case.

Schraub said he will ask the chief justice of the Texas Supreme Court name a judge to preside over DeLay's conspiracy and money laundering trial.

State district Judge Bob Perkins, a Democrat, was removed from DeLay's case Tuesday after DeLay's legal team cast doubt on Perkins' ability to judge the case fairly because of more than $5,000 in contributions he's made to Democrats.

Earle said in his motion filed Thursday that Schraub has made more than $5,000 in contributions to Republican candidates, including to Gov. Rick Perry, a DeLay ally, which calls into question Schraub's impartiality in the case.

Prosecutors had asked for Schraub to recuse himself or appoint another judge to take his place. The motion said that Schraub could ask Perry to appoint the Texas Court of Criminal Appeals to assign a judge to conduct a hearing on the motion.

DeLay, 58, and two associates have been accused of funneling corporate donations from a DeLay-founded political committee in Texas to the Republican National Committee, which sent the money back to GOP legislative candidates in Texas. Texas law forbids the direct use of corporate money for campaigning.

The alleged scheme was part of a plan DeLay helped set in motion in 2001 to help Republicans win control of the Texas House in the 2002 elections. The Republican Legislature then adopted a new congressional voting district map that DeLay crafted to put more Republicans in Congress in 2004.

In coordination with DeLay, Perry called lawmakers back for three special sessions to tackle the contentious redistricting map, despite vehement opposition from Democrats, who staged two out-of-state walkouts to halt progress.

In the end, it was DeLay who brokered a redistricting agreement, visiting the state Capitol and shuttling back and forth between the House, Senate and Perry's office.

"Governor Perry was a major figure in the redistricting effort that the (DeLay) successfully argued," Earle said in his motion. "Because Judge Schraub has donated to Governor Perry, he has disclosed through this free speech that he agrees in principle with Perry's agenda regarding Tom DeLay's redistricting map."

Prosecutors also suggest an appearance of Schraub's political indebtedness to Perry, who appointed him as administrative judge and has authority to reappoint him again in January.

Still, Earle wrote that prosecutors believe Schraub to be "completely fair and impartial, with a sterling reputation of honesty and integrity.

"However, as the recusal of Judge Perkins reflected, such is unfortunately no longer the standard in our state for the judiciary," he said.

Schraub, 76, also has contributed money to the Republican campaigns of George W. Bush for Texas governor and president. He has more than 40 years of judicial experience, including the last 15 as administrative judge. He also spent 20 years as state district judge for the region.


Hahaha. I was waiting for this since Perkins was removed. How in the hell does one find an apolitical judge in a state in which they are elected officials? I wonder if that is the plan...


First off - there is a difference in being a member of a political party and being a political hack. The DA and the judges - both from uber-liberal Travis County are more than just members of a political party. They are activists. Anyone with any knowledge of Texas politics knows this.

DeLay asked for and recieved a different judge. He will probably ask for a change of venue as well. You may not want him to have the right to a fair trial, but he is guaranteed just that. It worls for the baby-killing rapists that the left loves to defend, as well as those the left hates.

But in all honesty - it is not nearly the big deal that the Death to Delay crowd is making it.


If he's innocent, why did they care so much about judge affiliation?

Just asking.


...But it is entertaining!!


Now the judge picking the judge has had to recuse himself, b/c he gave $$ to Republicans (including Perry). Will they ever find a judge impartial enough to select a judge impartial enough to work on the case?

Administrative Judge B.B. Schraub recused himself after District Attorney Ronnie Earle filed a motion asking for his removal from the case


I seem to recall you on multiple occassions claiming judicial bias based on race. How can you dismiss the possibility of bias based on political affiliation so easily?


I am not aware of any precedent for political persuasion being used as a precluding factor for a judge in a criminal case...is anyone else?


I suppose we should ban judges from donating to political causes since they are, by nature, supposed to be apolitical.

It seems to me that left leaning judges are considered radical activists and right leaning judges are the right hand of God, at least in Texas!


You dipstick, that's the point. Anyone upholding the belief that a judge's bias will affect Tom Delay's trial outcome MUST accept that racial bias (among other biases) affects the outcomes of trials everyday for those less capable of affording expensive legal assistance. Gee, what a thought.


Racial bias does affect the outcomes of trials. As far as i can tell there's no effective solution for this at present.


Nope, it's not. Neither was Clinton. Such is the nature of political partisianship these days.


I was referring to the request for a new judge. It happens fairly often here. The press and the left are eating this stuff up like it's really news when in all actuality, it's not.

The next step eill be to file for a change of venue out of Travis County, which has mre left-wing wackos per capita than any other place in the state.

I would like it to be noted that I did not bring up the Clinton reference.


Because the judge in question is as much a partisan hack as Ronnie Earle is. When this is a case specifically based on politics - having a political activist for a judge isn't exactly what the defense wants to see. The mere fact that it was granted means that it was rather obvious that the judge would have a very difficult time being impartial.


I wonder how many trials in past southern court cases were held to the same standard.


I don't know - but it sounds as if you wouldn't be opposed to an old fashioned lynching in DeLay's case.

I guess money buys a decent defense attorney.


my bad, i missed the sarcasm.

anyhoo, i dont buy it. well, i dont buy the massive conspiracy. a few judges here and there have to be racist, statistically speaking - but the idea that all judges are is racist in and of itself.

but using past actions, a la racist activities or political activity, is sound. i havent been paying any attention to the delay junk, but I think that is the issue that they are trying to show.

i will try to catch the sarcasm in the future.