NationStates Jolt Archive

So, what's the first tactic used by DeScumbag's legal team?

To get the judge to recuse himself.

How does he do that?

Lie. (http://news.yahoo.com/s/ap/20051021/ap_on_go_co/delay_indictment;_ylt=AkU5oVhZruruV0fHkxpwjH.s0NUE;_ylu=X3oDMTA2Z2szazkxBHNlYwN0bQ--)


Rep. Tom DeLay appeared in court Friday for the first time since his indictment, but his arraignment on conspiracy and money laundering charges was delayed pending a hearing on his request for a new judge in the politically charged case.

Inside the courtroom, Judge Bob Perkins told defense lawyer Dick DeGuerin that "the best way for me to handle" the request for a new judge would be to defer further proceedings.

That set the stage for a pointed exchange between the two men that seemed as much a campaign debate as a courtroom exchange.

In respectful tones, DeGuerin noted that Perkins had donated money to MoveOn.org, a liberal organization that he said has been "selling T-shirts with Mr. DeLay's mug shot on it."


Now the fact that the judge supported Democrats in the past election should be neither here nor there, unless you can prove judicial bias in prior case history. If it were a staunch Republican supporter behind the bench then there would be claims of bias after the fact should Delay get acquited.

This is why I don't like the idea of judges being political apointees, but that's another story.


But the big problem is the simple fact that moveon.org (http://www.moveon.org) is not selling and has not sold any t-shirts with Delay's mug shot on it. Go look for yourself.

But the lawyer claims this to be true in front of the bench, and also to the press.


In other words, DeLay's lawyer started his tenure on this case by lying to the court.


Now that's how to make friends with the bench.....

When I heard DeLay was asking the judge to recuse himself because he was a "liberal," I knew that DeLay was out of his self-centered mind.

Well, if they aren't selling T-shirts like that, they will be after they hear this.

In any case, I think that if they can bring up the judge's membership in moveon, if he doesn't recuse himself (t-shirts or no, they are no friends of DeLay), then it will be an easy appeal.

You would be surprised how little it takes.

I think DeLay wants the case heard by Ms Miers and no-one else... lol.

I think DeLay wants the case heard by Ms Miers and no-one else... lol.

I think that regardless of whether or not he's convicted, the damage is already done.

Even though Clinton was impeached (i.e., the charges recommended to the Senate), he was acquitted.

It didn't help him any - the people that hated him already still hated him.

Same with De Lay. If you hate him, you hate him. If you're indifferent, that hasn't changed. And if you love him, that didn't change either.

Well, if they aren't selling T-shirts like that, they will be after they hear this.

In any case, I think that if they can bring up the judge's membership in moveon, if he doesn't recuse himself (t-shirts or no, they are no friends of DeLay), then it will be an easy appeal.

You would be surprised how little it takes.


Excuse me?

Appeals must be based on an error in law.


And giving donations to a legal PAC hardly qualifies as that.


I bet DeLay would be thrilled to have a judge who gave to the Swift Boat Asswipes though right?

Excuse me?

Appeals must be based on an error in law.


And giving donations to a legal PAC hardly qualifies as that.


I bet DeLay would be thrilled to have a judge who gave to the Swift Boat Asswipes though right?

The judge has a demonstrated bias against the client, which can be shown.

The failure of the judge to recuse himself is the error.

The judge has a demonstrated bias against the client, which can be shown.

The failure of the judge to recuse himself is the error.


Bullshit.


Otherwise you would have to claim that no registered Democrat can try a case against a Republican on it's merits, or vice versa.

Frankly, that's a crock.

He has demonstrated his political leanings in thelast election, but this in no way is indicitive of a personal bias against DeLay.

And this sort of thinking would also preclude the legality of all of Ken Starr's work against Clinton too now wouldn't it? Gonna throw that impeachment out just because it was Republicans who did it?

Bullshit.

Otherwise you would have to claim that no registered Democrat can try a case against a Republican on it's merits, or vice versa.

Frankly, that's a crock.

And it would also preclude the legality of all of Ken Starr's work against Clinton too now wouldn't it? Gonna throw that impeachment out just because it was Republicans who did it?

Moveon is not exactly a "mainstream" organization with a "mainstream" agenda (at least not as far as Republicans are concerned, and their language and demeanor are best summed up as "vitriolic").

If you can find that Ken Starr gave money to a non-mainstream organization that has it in for the Democrats (the John Birch Society springs to mind as an example) - but Ken Starr was a prosecutor, not the judge.

We go in making the assumption that a standard "Democrat" or "Republican" is mainstream. Where that breaks down is their membership in outside organizations.

You wouldn't want Ted Nugent as a trial judge for a Democrat, would you?

The judge has a demonstrated bias against the client, which can be shown.

The failure of the judge to recuse himself is the error.
I wanted to respond, but I couldn't say anything nice, so I will just say you arn't worth the argument.

I wanted to respond, but I couldn't say anything nice, so I will just say you don't justify an argument.

You only have to demonstrate bias on the part of the judge.

I'm not saying that the appeals court will buy it - just that it's acceptable.

I've seen it done over and over and over again in toxic tort cases.

he has Assumed bias and unless it comes out in the case an appeal lacks a leg to stand on.

You only have to demonstrate bias on the part of the judge.

I'm not saying that the appeals court will buy it - just that it's acceptable.

I've seen it done over and over and over again in toxic tort cases.
DeLay has pure and simple lost his mind. He is claiming this whole thing is some sort of left-wing agenda covert op against him. The prosecutor is supposedly some kind of left-wing flunky; the judge contibuted money to a third-party political group. Once he gets to trial his lawyer will be trying to dismiss people for not voting for President Bush and thus being part of the left-wing Illuminati running this dog and pony show.

he has Assumed bias and unless it comes out in the case an appeal lacks a leg to stand on.

I'm sure they'll dot the i's and cross the t's on that one. Just mentioning it makes the judge far more careful about what he does and says that might even be remotely construed as bias.

Which often works in the defendant's favor.

I've used the tactic before, and believe me, it works.

hmmm I see

you a lawyer?

I'm sure they'll dot the i's and cross the t's on that one. Just mentioning it makes the judge far more careful about what he does and says that might even be remotely construed as bias.

Which often works in the defendant's favor.

I've used the tactic before, and believe me, it works.


What? You've started a trail by lying to the cuort?

Seems an odd way to go about getting things going on your favour...

:p

What? You've started a trail by lying to the cuort?

Seems an odd way to go about getting things going on your favour...

:p

No, I didn't lie. But I've made assertions based on obtainable facts.

I wouldn't have made the remark about the t-shirt (the lie you're worried about). But it would be simple to characterize Move On as a non-mainstream organization with an axe to grind - and with the judge's membership in my pocket, I would have told him that if he didn't recuse himself, I would use any relevant statements or actions on his part as the basis for an appeal.

It would stifle him.

Donating money is not pro-bono lawyering.

You wouldn't want Ted Nugent as a trial judge for a Democrat, would you?
Man, I sure would.

Judge Nugent- "I find you guilty of crimes against humanity, and sentence you to death!"

*The thwap of a bowstring breaks the silence of the room, and the defendant falls to the ground, a 2 inch hole through his chest*

Defense Attorney- "YOUR HONOR! He was charged with jay-walking!"

Judge Nugent- "Quit yer whining and hand me my skinnin knife. Were havin us a donkey roast tonight, boys!"

Man, I sure would.

Judge Nugent- "I find you guilty of crimes against humanity, and sentence you to death!"

*The thwap of a bowstring breaks the silence of the room, and the defendant falls to the ground, a 2 inch hole through his chest*

Defense Attorney- "YOUR HONOR! He was charged with jay-walking!"

Judge Nugent- "Quit yer whining and hand me my skinnin knife. Were havin us a donkey roast tonight, boys!"

It could be a new reality tv show. Guilty until proven DEAD!!! I know I'd watch it.:p

Now that I think about it, who better to be Saddam's trila judge than Sweaty Teddy?

im going to regret this but who is Judge Nugent?

im going to regret this but who is Judge Nugent?
A previous poster said something along the lines of "how would you like it if Ted Nugent was a trial judge in trial for a Democrat.

Ted Nugent is a Pro Gun, meat eating, vegan hating, animal hunting, type guy. He's also an International Superstar (http://music.yahoo.com/ar-259395---Ted-Nugent)

A previous poster said something along the lines of "how would you like it if Ted Nugent was a trial judge in trial for a Democrat.

Ted Nugent is a Pro Gun, meat eating, vegan hating, animal hunting, type guy. He's also an International Superstar (http://music.yahoo.com/ar-259395---Ted-Nugent)

He's also famous for saying, "Whack 'em and Stack 'em" in reference to animals.

He's also famous for saying, "Whack 'em and Stack 'em" in reference to animals.

I thought that that was the motto for the "Jeff Gannon/Ted Nugent" tour?

I thought that that was the motto for the "Jeff Gannon/Ted Nugent" tour?

He's had the motto for a long time now. He teaches it to kids at his summer camp where they learn to kill their own supper.

He's had the motto for a long time now. He teaches it to kids at his summer camp where they learn to kill their own supper.

My point is that Jeff Gannon gives hand jobs to Republicans. A cheap joke, admittedly, but since the thread had already gotten rather off topic, I thought I'd add my touch (bad word choice) to the humor dept..