Eyes Left

JUDGING DELAY - ROUND 1

(Editor's Note - the following blog entry was written on November 3rd, BEFORE new developments on the "Delay Judge" story re Texas Supreme Court Justice Jefferson etc.  It is a bit out of date, but still quite relevant, and it expresses a worthwhile viewpoint.  So it is offered for your consideration.  See below.)

Texas law is clear.  Corporate funds cannot be used to feed the campaigns of political candidates.  But Texas Republicans conveniently selected a "the law be damned" perspective in 2002.  Mountains of corporate funds were steered to GOP candidates for the Texas Legislature, and the Republicans captured the Texas Legislature for the first time since Reconstruction.  Of course, the "Leg" has always been dominated by conservatives and the state's private economic elite.  But the 2003 Texas Legislature was pridefully shameless in its granting of $$$$$$$$ favor after $$$$$$$$ favor after $$$$$$$ favor to corporate executives.  Tom Delay masterminded this dirty money scheme.  His indictment is justified, and one can only hope for justice. 

Delay still holds strong cards.  He plaintively portrays himself as a victim of virulent Democratic persecution, and he has hired the best attorney money can buy, Dick DeGeurin.  DeGeurin and Delay scored an initial victory in their battle with Ronnie Earle, the Democratic (gasp!) Travis County District Attorney.  Bob Perkins, who was originally slated to be the presiding judge, was forced to withdraw from the case, because of Perkins' supposed "bias" against Delay.  And the evidence?  Perkins donated $ to the "Kerry for President" Campaign and "Move On.org".  DeGeurin requested a ruling from the supervisory judge in the Austin/Travis County area (it can only be the greatest coincidence that this individual was appointed by the epitome of nonpartisan governance - Republican Governor Rick Perry!) and the Perry mouthpiece punted the ball to Bud Duncan, a retired "Democratic" state judge from Bell County/Killeen.  I am sure that Judge Duncan loves his children and enjoys great respect in the legal community, but he is just the kind of judge that Tom Delay needs.  Duncan has his own political bias - he was appointed by conservative "Democrat" (????) Dolph Briscoe ini 1978.  Briscoe was/is a multimillionaire "establishment" rancher from South Texas.  Duncan also donated money to John Cornyn's campaigns for Attorney General.  Cornyn is now an ultraconserevative U.S. Senator from Texas.  Absent extraordinary circumstances, judges are presumed to be impartial.  It must be that way - since most judges at the state and local level are elected in partisan elections.  We may see DeGeurin pushing to seat the Legal Counsel of the Republican National Commit4tee as Judge in the Delay corporate money laundering trial. 

Delay and DeGeurin are pressing to move the trial out of Austin and Travis County.  Poor Tom can't get a fair trial in Austin - Austin and Travis County are filled with nasty partisan Democrats.  Besides, some local folks are outraged by the Delay gerrymandering (purchased with crooked corporate money) that split Austin into four Congressional Districts and gave the Republicans five more seats in the Texas U.S. House delegation.  Delay and DeGeurin want impartial Republican jurors - the kind of folks who live in Plano, Amarillo, Lubbock, Midland, Big Springs, Tyler etc.  Republican communities produce Republican judges and Republican juries, and Delay is confident of a "not guilty" verdict, if the trial can be sufficiently politicized.  Hopefully, the trial will be focused on one question:  "Did Tom Delay break the law?"

Ronnie Earle needs to show some creative moxie and muscle.  Dick DeGeurin is running circles around Earle. 

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