# Delay lawyers subpoena Earle

**URL:** <https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822>\
**Category:** Great Debates\
**Created:** [October 12, 2005, 12:08am UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822 "2005-10-12T00:08:57Z")\
**Posts on this page:** 7\
**Page:** 4

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**Author:** ![E-Sabbath](https://avatars.discourse-cdn.com/v4/letter/e/e19adc/32.png) [@E-Sabbath](https://boards.straightdope.com/u/E-Sabbath)\
**Post date:** [October 14, 2005, 3:47am UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/61 "2005-10-14T03:47:12Z")

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> [@BrainGlutton](#):
>
> I’m familiar with that . . . whazzit gotta do with Earle?

Nothin, you asked for a Hiss hijack…

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**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\
**Post date:** [October 14, 2005, 1:06pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/62 "2005-10-14T13:06:52Z")

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> [@Bricker](#):
>
> It seems a likely answer. But usually people motivated by blind partisanship are loathe to admit it. I do appreciate the honesty.
> 
> And, of course, it doesn’t make you automatically wrong. Delay well may be guilty, and earle’s hands well may be completely clean.
> 
> It’s just not so persuasive to automatically adopt that position based on the political allegiance of the players. I’d prefer to say that we relay on the justice system, flawed as it may be, to produce results we may have confidence in. Delay, like any other citizen, is entitled to demand that the state prove beyond a reasonable doubt any allegation of criminal behavior.
> 
> As a member of the House, I think he should be held to a higher standard than that. But resolving that question is up to the voters of his district, and, ultimately, the other members of the House.

To be fair, Bricker, DeLay has a BIT of a track record … how many ethics violations has he been called on by the House Ethics Committee? Who bankrolled his golfing trip to Scotland? He’s practically a Usual Suspect in this regard. If finds are being misappropriated, you can’t really BLAME the cops for checking out Tom DeLay’s whereabouts at the time first …

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [October 14, 2005, 1:33pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/63 "2005-10-14T13:33:15Z")

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> [@Evil Captor](#):
>
> To be fair, Bricker, DeLay has a BIT of a track record … how many ethics violations has he been called on by the House Ethics Committee? Who bankrolled his golfing trip to Scotland? He’s practically a Usual Suspect in this regard. If finds are being misappropriated, you can’t really BLAME the cops for checking out Tom DeLay’s whereabouts at the time first …

And this seems to be where his selective prosecution defense falls apart. It’s pretty clear that his bad reputation for funraising behavior haunted him here. He wasn’t singled out from a group of first offenders based on some suspect classification, with others who are equally guilty not being prosecuted. He looked sleazy all along, and as \*\*Bricker \*\* pointed out, if he was skating near the edge, nobody will sympathize with him if he slipped. If he gets caught, he doesn’t really have much to complain about.

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**Author:** ![elucidator](https://avatars.discourse-cdn.com/v4/letter/e/8edcca/32.png) [@elucidator](https://boards.straightdope.com/u/elucidator)\
**Post date:** [October 14, 2005, 1:47pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/64 "2005-10-14T13:47:54Z")

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[http://news.yahoo.com/s/ap/20051013/ap\_on\_go\_co/delay\_donations;\_ylt=AtxsaAQtEWbCKNojDZ5Spc8Xr7sF;\_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl](http://news.yahoo.com/s/ap/20051013/ap_on_go_co/delay_donations;_ylt=AtxsaAQtEWbCKNojDZ5Spc8Xr7sF;_ylu=X3oDMTBiMW04NW9mBHNlYwMlJVRPUCUl)

“Tom DeLay’s political group used nearly $100,000 in corporate and unlimited donations to mail last-minute political appeals praising five congressional candidates despite rules meant to keep such money out of federal races, documents released Thursday show…”

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**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\
**Post date:** [October 14, 2005, 8:22pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/65 "2005-10-14T20:22:04Z")

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> [@E-Sabbath](#):
>
> Nothin, you asked for a Hiss hijack…

Take system offline. Recalibrate irony meter.

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [October 22, 2005, 9:51pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/66 "2005-10-22T21:51:34Z")

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[DeLay seeks new judge in money-laundering case](http://www.cnn.com/2005/POLITICS/10/21/delay.court.ap/index.html)

In case anyone was wondering

> [@](#):
>
> When a recusal motion is timely filed, Rule 18a leaves a trial judge with no discretion-the trial judge must either recuse himself or refer the motion for another judge to decide.

[http://www.cca.courts.state.tx.us/opinions/74760.htm](http://www.cca.courts.state.tx.us/opinions/74760.htm)

So the trial judge’s choice was to recuse or refer. He referred. The judge considering the motion will have to decide:

> [@](#):
>
> if the movant has provided enough facts to establish that a reasonable person, knowing all the circumstances involved, would harbor doubts as to the impartiality of the trial court, but only when the bias is of such a nature and extent as to deny the movant due process of law. Moreover, the bias must have come from an extrajudicial source and result in an opinion on the merits of the case other than what the judge learned from participating in the case.

(Footnotes omitted).

[http://www.youknowitall.com/62RecuseCriminal2CA/RecuseCriminalCA62.htm](http://www.youknowitall.com/62RecuseCriminal2CA/RecuseCriminalCA62.htm)

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**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\
**Post date:** [October 22, 2005, 10:25pm UTC](https://boards.straightdope.com/t/delay-lawyers-subpoena-earle/325822/67 "2005-10-22T22:25:35Z")

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I’m half expecting to see a Bill For The Relief Of The [del]Parents[/del] Constituents Of [del]Theresa Marie Schiavo[/del] Tom DeLay next.

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