Fitz should ask for a new judge, just like Delay did.

[garybeck]

the judge in the Libby case is obviously biased. He has served the republican regime for decades.

What Delay did should serve as a legal precedent. If he can get a new judge because he thinks the present one is biased, simply based on his past connections to people and organizations, then the same should apply here. In fact, I would think the case would be even stronger here because the Libby judge's very employment and source of personal income is based on his direct relationship with the Bush regime.

I say, he should recuse himself, or Fitz should ask for a new judge.

[Liberal Dose]

1. If I ever have to appear before a judge, I think I will first demand that

the judge prove that he/she is not a Repug and has never contributed to any Repug campaigns or causes. It is now my right.

[Walt Starr]

2. Only in Texas

That is a Texas state proceeding, so the precedent only applies in Texas.

[Liberal Dose]

6. Then I shall only commit crimes in Texas

:evilgrin:

[OldLeftieLawyer]

5. Well, in Austin, anyway

I say go for it, if you're indicted there, but what we learned in law school about recusals was that if you're going to kill a king, you had better do it with one shot.

[The Backlash Cometh]

10. It's been obvious in this good ole boy town for years. But only the

Repubs seem to get any traction about making judge changes.

[OldLeftieLawyer]

3. No, you're dead wrong about Reggie Walton

He's superb, as good a judge as any prosecutor or defense attorney could hope for. He's terrific.

By your reasoning, any judge or Justice who was appointed by a Democratic President would never be able to hear cases involving Democrats, and any judge appointed by a Republican President would never be able to hear cases involving Republicans. That is not how the system works.

What DeLay's lawyer did was a time-honored tradition, asking for the recusal, and no big deal. It happens all the time, and having the judge replaced is the absolutely proper thing to do so as to avoid even the appearance of impropriety in the upcoming trial. Given the original judge's political donations, I wanted him off the case, thereby removing any possibility of an appealable error on that issue, should DeLay be convicted.

But, Reggie Walton is an excellent judge, with no discernible political ideology. Read about him.

[garybeck]

7. I hope you're right about Walton, but

I still say there is an "appearance of impropriety".

[OldLeftieLawyer]

8. That's hardly so

Really. Read again what I wrote to you about the politics of political appointments.

Read about John Sirica. THAT story will offer you insight and make you feel better.

[ashling]

9. Thanks - right again

You are exactly right about a judges appearance of impropriety. The Judicial Canons are pretty clear on this.

Interesting discussion in light of the thread on Alito's impropriety, don't you think? This sort of thing is what did in Nixon's nomination of Carswell (or was it Haynsworth).

http://www.boston.com/business/articles/2005/11/03/plaintiff_
alleges_alito_conflict/

Compare Judge Perkins' recusal with the clear impropriety of the above Alito situation, or Scalia's refusal to recuse himself after duck hunting w/ Darth Cheney.

[OldLeftieLawyer]

11. Oh, the arrogance of these bastards

has grown disproportionately since Fuckface seized office in 2000. They're so far above the law - that Scalia duckhunting incident was beyond belief - that they don't even deign to defend themselves to us common folk.

In a better world, there should have been an uproar, an uprising, an apology, and an impeachment. THAT's my idea of America. A corrupt and unthinkable social association - not a blow job.

Got another link for that boston.com article? I couldn't get to it.

Thanks.

[ashling]

13. Try this

http://www.democraticunderground.com/discuss/
duboard.php?az=view_all&address=103x170278

That is where I got the link.

Altio heard this case where the plaintiff was trying to get her deceased husbands pension funds from a mutual funds co. Altio had $360,000 in mutual funds w/ them.

[Walt Starr]

4. Fitz is too professional for that

He'll never ask for a recusal unless he can prove the bias beyond a reasonable doubt.

[Catherine Vincent]

12. I don't think Fitz would do it. He's apolitical so he probably assumes

every judge is also.