I'm posting in full a political mailing that I received on Delay STILL trying to get off the ballot in Texas where he is likely to get his behind kicked. There are lots of good articles excerpted here by the lone star project.
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August 1, 2006
On the web at www.LoneStarProject.net
PoliClips
DeLay Ballot Challenge Heard Before the 5th Circuit Court of Appeals
Decision will determine whether DeLay's ballot gambit works
To avoid an embarrassing defeat in November and handpick a replacement candidate, Tom DeLay and the Republican Party of Texas engaged in an elaborate effort to manipulate Texas law and overturn the results of the 22nd Congressional District Republican primary. DeLay’s effort to abandon the Texas ballot by staging a phony move to Virginia was undermined by GOP appointed judge, Sam Sparks, who sided with the Texas Democrats in June, saying, “there is no evidence that DeLay will still be living in Virginia tomorrow, let alone on November 7, 2006, the only day that matters under the Qualification Clause of the United States Constitution.” (United States District Court, TDP v Tina Benkiser Chairwoman of TRP, June 26, 2006, page 15)
DeLay and the Republicans chose to appeal the decision to the 5th Circuit Court of Appeals, who heard arguments from Democratic and Republican attorneys yesterday. A decision from the court is expected soon. The newspaper clips about the case are included below. Click the link for the full article.
Houston Chronicle
Questions give hints in DeLay appeal
2 judges seem to be leaning to Democrats' stance of not changing ballot
By R.G. RATCLIFFE
"This is a case where the district court found manufactured evidence, a manipulation of the system, and therefore a fraud against the voters," said Democratic attorney Chad Dunn.
Under state election law, political parties are not allowed to replace nominees once opposing political parties have chosen their nominees for office.
http://www.chron.com/disp/story.mpl/metropolitan/4085319.htmlQuorum Report
5TH CIRCUIT PANEL HEARS DELAY BALLOT REPLACEMENT CASE
Both sides applaud thoughtful questions
Attorneys on both sides of the Tom DeLay ballot eligibility case emerged from oral arguments today in New Orleans encouraged by the "thoughtful" and "engaged" lines of questioning from the three-judge panel hearing the case.
Neither side would hazard a guess, though, as to how the federal appeals court will rule on the currently stymied efforts by Republicans to replace DeLay on the ballot.
Democrats, who had prevailed in U.S. district court, were upbeat. In a conference call, Democratic attorney Chad Dunn said he believed the lines of questioning from the three-judge panel were friendlier toward his side. He said he thought that the questions for Jim Bopp, counsel for the Republican Party of Texas, were "robust."
Republican attorney Jim Bopp said that experience has taught him that it is foolish to read too much into the questions raised in oral arguments. He said he believed the court was "engaged, they were asking the right questions as far as delving into the issues."
He said he was hopeful that a decision would come down within two weeks. He said that the more the case stretches out, the more the Republican nominee (whoever he is) is harmed.
"All of this is election by litigation," Bopp said.
Democrats counter that the Republicans have played a game of "cut and run" by trying to fraudulently replace the candidate who won the March primary. Party Chairman Boyd Richie said he believed the prolonged court case is harming the Republican Party. "What I’ve seen from Republican responses is that they’re disgusted with his behavior," he said. "And that they’re trying to game the system to allow the party bosses decide who the nominee is going to be."
Bopp said that argument went over like a lead balloon in court. "That created the biggest laugh in the courtroom when they said how sorry they felt for Republican voters. Aside from that being ludicrous, they don’t give a damn about Republican voters."
Also up in the air is whether the appeals court panel is the end of the road in this case. The losing side can appeal to the full 5th U.S. Circuit Court of Appeals or directly to the U.S. Supreme Court.
Neither side could say if they plan to appeal.
Copyright July 31, 2006 by Harvey Kronberg,
http://www.quorumreport.com/, All rights are reserved
Burka Blog
Taking the Fifth
Monday, July 31, 2006
Paul Burka
I attended the oral arguments, and I thought the Democrats had the much the better of the give and take. Counsel for the RPT had barely completed his first statement -- "Election law should be construed to give voters the greatest possible choice" -- when one of the three judges interrupted: "What do we do with the constitutional provision known as the 'when elected' clause?" I'm sure the Ds lawyers wanted to start doing backflips at this moment. This clause is the basis for their argument that DeLay is not ineligible.
http://www.texasmonthly.com/community/blog/paulburka/2006/07/taking-fifth.phpFort Bend Now
GOP Lawyer In DeLay Case: 'We're Not Going To Let The Democrats Steal This Seat'
by Bob Dunn
Jul 31, 2006, 01 41 pm
Chris Feldman, who also represents the state Democrats, described judges’ questions Monday questions for Bopp as “robust” and as “more friendly” for the Democrats’ attorneys.
Bopp said he “thought the judges were very involved, they were knowledgeable and asking the right questions.”
http://www.fortbendnow.com/news/1576/regardless-of-5th-circuit-ruling-gop-wont-let-democrats-steal-this-seat-lawyer-saysAustin American-Statesman
Texas GOP asks judges to take DeLay off ballot
Democrats say he can't be removed
By Janet McConnaughey
ASSOCIATED PRESS
NEW ORLEANS — Former U.S. Rep. Tom DeLay, R-Sugar Land, must be replaced on the November ballot to give Texas voters a choice, Republican attorneys told a federal appeals court Monday.
"Texas voter choice demands that he withdraw and be replaced," Republican Party attorney James Bopp told a three-judge panel of the 5th U.S. Circuit Court of Appeals.
Democrats countered that Texas law requires either DeLay's name or none appear as the GOP nominee for his old seat. They say his recent move to Virginia was orchestrated solely to get him off the ballot.
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