Breaking CNN: Delay's Lawyer Subpoenas Earle!

[leftchick]

wtf?

Looking for a link. just saw it on TV....

Link thanks to cal04! :)

http://www.dallasnews.com/sharedcontent/dws/news/politics/national/stories/101205dntexdelay.11c47461d.html

WASHINGTON – Lawyers for indicted Rep. Tom DeLay on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.

The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.

The lawyers, previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, the former House majority leader who has stepped aside from that post because of the indictment.

Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct

[Walt Starr]

1. These guys are making some dumbass moves

All they are going to do is piss off everybody in the justice system.

[Delphinus]

45. That's what I am thinking,

as well as hoping! Go DeLay! Make some more crazy-assed moves!

[mshasta]

2. what what .....

.....

[fooj]

3. Delay is an idiot.

WTF is he thinking?

Peace.

[WiseButAngrySara]

29. Isn't it his attorney, Dick DeGuerin? He's the one responsible for this,

right? IMHO, what has DeLay got to lose? What else can they do? Doesn't this infer that DeGuerin is desperate?

[fooj]

41. Yes. It certainly does.

Peace.

[donco6]

4. Ooh. Bad Mistake.

That tactic never turns out well.

[MissB]

5. .

:spray:

Desperate times call for desperate measures and all that. :rofl:

[Mr Rabble]

6. Maybe an attempt to get him to recuse himself from the Delay case?

[GrpCaptMandrake]

7. It's a desperation move

that betrays DeLay's base fears.

Issuing a subpoena to the D.A. is a means by which to make the D.A. a witness in the case and thereby have him disqualified from prosecuting.

It's cheesy and desperate.

[cassiepriam]

12. has this been done before? What will happen?

[GrpCaptMandrake]

15. Subpoena will be challenged

Judge will have to rule on the motion to quash. It will take a mighty tall pile of proof for the circuit judge to pull Earle off the case.

[cassiepriam]

19. except if the judge is in delay's pocket? Why would Delay

do this if it won't work?

[GrpCaptMandrake]

25. You make motions and objections

even if you expect to lose on them at the trial court level in order to create a record for appeal. Don't think that Tom will quietly change into his orange jumpsuit and get his toothbrush and soap-on-a-rope just because he gets convicted at trial. There will be ages of appeals if there's a conviction.

I doubt the judge is in DeLay's pocket. This is the county where Austin is. It's a long way from Sugarland-Wingnutville. Even if he was in DeLay's pocket, letting the subpoena stand would be almost walking error for Earle's side.

One piece of strategery may be to get an appeal of the subpoena itself up to the Repiglican clowns on the Texas Supreme Court.

But ask yourself this: DeLay says he wants a speedy trial. Why in the world would he want to slow things down with these kinds of stall tactics, if he was really in a hurry?

[cassiepriam]

27. He is not so much of a hurry, he is slowing it down?

Means he is scared. I do not know the law, but I know psychology.

[GrpCaptMandrake]

32. Precisely!

Add to this the fact that there is no lawyer in greater jeopardy of committing legal malpractice than a criminal defense attorney. He has to make EVERY argument he can in order to cover his own ass. Otherwise, when the conviction comes down, he's at risk for an "ineffective assistance of counsel" claim.

If DeGuerin makes all these motions, and all of them are shot down, he has every bit of room to look at Bugspray, and say "Hey, man, we tried EVERYTHING. You better cop a plea. 'Cause if you take this to trial and lose, they're gonna get a ROPE."

[cassiepriam]

34. This may mean that the def attny is scared? Delay may have him spooked.

Fears the wrath of Delay and will go overboard in the defense.
This is good news as will distract him from the task at hand,
will be too busy protecting his own rear end, not delay's?

ANd PS Delay will try to send the whole lot of them to Gitmo if
he can find a way to do it.

[leftchick]

37. Thank you so much for the explanation

It makes sense now. :hi:

[GrpCaptMandrake]

44. It does?

Kewl!

:beer:

[cassiepriam]

50. yes thank you! Hard to figure out the legal maneuvers!

[Toots]

46. Most judges are not thrilled with Delay

His call for retribution against judges has sort of pissed them off a bit. Now Delay will be in front of one and I bet he will squirm a little. He wants to shoot his mouth off and threaten the judges, let's see what developes.

[cassiepriam]

51. We shall see how much power Delay has in this situation.

He must be very angry that someone has clipped his wings for the time being.

[malaise]

8. Tweety is discussing it now n/t

[porphyrian]

9. That's great!

This'll be beautiful. I was worried the bastard might get a sympathetic judge.

[Lone_Star_Dem]

10. He's attempting to show that Earle acted improperly w/the grand jury

When you know you're guilty, start throwing up smoke screens to distract the public from the fact of your guilt. :shrug:

[cal04]

11. DeLay's lawyers subpoena district attorney/Link

Lawyers for indicted Rep. Tom DeLay on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.

The subpoena for Travis County District Attorney Ronnie Earle, filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.

The lawyers, previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, the former House majority leader who has stepped aside from that post because of the indictment.

Dick DeGuerin, DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.

http://www.dallasnews.com/sharedcontent/dws/news/politics/national/stories/101205dntexdelay.11c47461d.html

[Marr]

13. But Tom- I thought this sort of thing happened to you alot. Why the

highly unusual overreaction?

[RagAss]

14. You think this takes balls???...wait until Fitz is sent to Gitmo !!!!

[Straight Shooter]

16. Earle probably burst out laughing when he got the subpoena.

Honestly, I would if I were him.

This move, agreed, will pi** off a lot of D.A.'s around the country. Since when do people under indictment subpoena the D.A.?

[Seansky]

17. Are subpoenas public record?

would love to read it.

[mcscajun]

33. Subpoenas are public record...wait for SmokingGun

to get hold of it.

http://www.thesmokinggun.com

They haven't got it yet, but you can bet they will. :)

They already published Tom DeLay's indictment.
http://www.thesmokinggun.com/archive/0928051delay1.html

[DS1]

18. Which is a PERFECT REASON TO WHEEL OUT ART BUCHWALK

:wtf: :eyes:

[Bush_Eats_Beef]

20. Fox link:

DeLay Attorneys Subpoena Texas District Attorney

WASHINGTON — Lawyers for indicted Rep. Tom DeLay (search) on Tuesday subpoenaed the prosecuting Texas district attorney in an effort to show he acted improperly with grand jurors.

The subpoena for Travis County District Attorney Ronnie Earle (search), filed in Austin, asked that the prosecutor and two of his assistants appear in court to explain their conduct.

The lawyers, previously had filed a motion asking for dismissal of the conspiracy and money-laundering charges against DeLay, the former House majority leader who has stepped aside from that post because of the indictment.

Dick DeGuerin (search), DeLay's attorney, also asked that grand jurors be released from their secrecy oath so they could answer questions about the prosecutor's conduct.

http://www.foxnews.com/story/0,2933,171933,00.html

[Mr_Spock]

31. FOX NEWS??????????????????

What are you doing promoting the Fascist Only Xenophobe Network here!!!

:wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf: :wtf:


Damn it!!

:nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke: :nuke:

[Bush_Eats_Beef]

36. Fox news carrying an Associated Press story, not a Fox opinion piece

I ALWAYS flag "Fox News Original Content."

This ain't it.

Relax.

:toast:

[Mr_Spock]

39. Clicking a link to their web site is like going to Free Republic for me

I cannot stand ANYTHING that supports those fascist propaganda spewers. I don't care if they relay AP stories. Lots of people relay these stories - is it more important to be first or are principals more important? Principals here - you'll never see me post a Drudge of Faux "news" link - sorry.

[RSchewe]

21. Just when the story was crawling into the cracks, Delay pulls out tweezers

and gives us all a nice treat. Does he think Earle has more to lose out of this than him? The more mud that gets thrown, the worse for Delay. Good, I am glad he did this, this will be another opportunity for him to fumble words and slip up in his tales.

[FVZA_Colonel]

22. What real proof can DeLay's team offer that Earle did anything improper?

I seriously doubt he has any, beyond that which would be considered hearsay.

[cal04]

24. wonder how many people he'll threaten or twist arms

to try and get away with this

[txaslftist]

23. Excellent. Makes him look even more desperate.

And pulls his sorry tale back off of the sidelines.

[KharmaTrain]

26. The Only Offense For No Defense

If you know you're innocent and can prove it in court, you gather your evidence and go to trial. When you aren't so innocent, you play games to delay the trial, taint the local jury pool, put the DA on trial and so on.

I welcome this silly subpoena, since it can give Earle a stage to lay out some of the evidence that he has and this little game of macho could backfire on the bugman.

DeLay's still cracking the whip in the House and has to appear to be a "victim" to hold off being totally pushed aside. He's like the mafia don who still can pull off the big hit behind bars...and the way he does it is with intimidation. It just amazes me these goons will go to this length just to be shot down.

:popcorn:

[GrpCaptMandrake]

28. Apparently the purpose of the subpoena has to do with

the Grand Jury proceedings.

That's desperate hooey from DeGuerin, since, if Texas is like most civilized states, there's a court reporter in the Grand Jury room for all phases of the proceedings except the actual deliberating and voting, in which, of course, Earle had no part. Earle can easily say "Lookit: the record speaks for itself. My presence on the witness stand is unnecessary and a waste of the court's time."

[Bernardo de La Paz]

30. The cockroach is wriggling its legs and making a stink as it expires.

[GrpCaptMandrake]

35. Ah, Senor De la Paz!

Great to see you here!

TANSTAFL!

Pardon me while I switch to "social" arm.

[Bernardo de La Paz]

38. Free Luna!

[GrpCaptMandrake]

43. Luna Shall Be Free!

Get out the little brass cannon.

[stevedeshazer]

47. Care to let us in on the secret code?

:wtf:

[Bernardo de La Paz]

49. The Moon is a Harsh Mistress.

[cal04]

40. Better Link here

http://news.yahoo.com/s/ap/20051011/ap_on_go_co/delay_prosecutor

[Just Me]

42. It'll be squashed, the case dismissed and (hopefully),...

,...DeLAY's attorney will be hit hard with sanctions!!!

Shame on Deluded's attorney!!! He knows better than that,...he certainly should as a practitioner.

With (dis)respect to Deluded,...he's just plain repugnant. I can't wait until his butt is in the criminal sling!!! No one could be less deserving!!! Asshole!

[moondust]

48. Leakers on the grand juries?

Has somebody on those grand juries been taking notes and passing them to Delay for his inevitable smear job against Earle?

Of course it's all-important for the Roach Boy to make this into a one-on-one showdown with the prosecutor because Republicans have had so much success in the past smearing and savaging individuals with lies, distortions, and dirty tricks.

[Swamp Rat]

52. Tom DeLay eats cockroaches