Based on what Delay did, couldn't Fitz ask for a new judge in the

[garybeck]

Libby trial?

Delay got a new judge because the judge he was facing appeared to be biased based on his past.

Doesn't the same apply to the Libby trial? The judge is a lifelong appointee by BushI and Reagan and has obvious ties to the Bush family.

He could cite the Delay trial as a legal precedent.

[MADem]

1. One is state, the other federal--apples and oranges imo n/t

[napi21]

2. I doubt it. Tx. is diff because their judges are elected.

ALL of them are partisan because of that.

[SteppingRazor]

3. Another big difference other than state/fed court...

Delay is already nakedly partisan, so he can rant about the other side and people take it with a grain of salt. Fitzgerald, however, needs to maintain independence, and complaining about the judge could take away from that.

[unblock]

4. prosecutor's don't have a right to a fair trial. only defendants do.

so not everything a defendant can do can a prosecutor do.

besides, the delay case has already shown itself to be corrupt.

[wtmusic]

5. If a judge shows bias in favor of a defendant, the prosecutor

has no remedy whatsoever?

I'm not a lawyer, but that can't be... :shrug:

[unblock]

6. no, the prosecutor can request recusal or replacement

but it's rarely done. the prosecutor does have an ongoing relationship with the judge, as there are numerous cases they work on toegether. so that's really burning a bridge potentially.

moreover, to my earlier point, there's no constitutional protection for the prosecutor. that doesn't mean he can't ask, just that there's not as much legal support for that.

[Devil Dog Dem]

7. VERY hard to DQ a federal judge

That judge would basically have to comment on this specific case in public (like saying "I don't see the crime here", or "This guy looks guilty to me") before you'd have a chance.