August 25, 2010
Tom DeLay: Liberal City No Place to be Tried.
Former U.S. House Majority Leader, Tom DeLay (R) of Texas, is scheduled to stand trial in Austin, Texas. The charge states he illegally sent $190,000 in corporate money through the RNC (Republican National Committee) to help elect GOP Texas legislative candidates in 2002.
DeLay is asking the court for a change of venue, (place where trial will occur) from Austin to his home County where he served as Congressman. DeLay said, "I doubt I can get a fair trial here in Travis County. I think I'm more hated in Travis County than any other politician." He called Austin the "last bastion of liberalism" in the Republican-leaning state. Tom DeLay's request raises serious issues if the court honors his request for a change of venue to a place where jurors will be more favorable to him on political grounds.
When a movie actor is charged for statutory rape in Arizona, should the courts honor the actor's request to be tried in Hollywood, Ca. where the jury pool would be more sympathetic to the actor's plight? Should all politicians indicted for crimes be allowed to pick and choose the voting district where the jurors are more likely to have voted for the politician? If one commits a crime, should their politics be a factor at all?
These are tough questions in a society that revolves around political warfare between the two major Parties, and friends and associates are chosen or rejected by many on the basis of what Party they belong to or sympathize with. Isn't justice supposed to be blind to such issues? Whether or not it is supposed to be, Tom DeLay clearly believes justice is not blind to politics and he wants to take advantage of that.
Tom DeLay's request assumes that Americans in Austin and his home County are prejudiced along political lines and he cannot, therefore get a fair trial in Austin, and can received favored treatment in his conservative home county, Fort Bend, North of Houston. Is Tom DeLay's assumption correct? And if so, what does that say about America, and its people, and its judicial and justice systems?
Most people would agree that a murderer's or rapist's politics would have no meaning to a jury hearing the facts of the defendant's case in most places in America. Why should it be different in a case of money laundering for Tom DeLay? Is there a threshold of severity of the crime that has to be reached before politics no longer becomes a factor?
These questions are not easily answered. What about a white man in Mississippi charged with the murder of a black man? Can this defendant get a fair trial in a predominantly white County of Mississippi? How about a predominantly Black County in Mississippi? Should a judge be blind to such considerations in determining where a defendant should be tried, or, should a judge take such considerations into account when trying a white person for murder of a black person?
If a judge should take such considerations into account, then what is to stop a judge from allowing their own politics to determine where Tom DeLay is to be tried? Is that just? Judges routinely instruct the jury that their decision is to be based solely on the facts of the case presented to them. Don't judges have the same obligation in determining where the case is to be tried? Should politics even enter into the decision of a judge as to where the case should be tried?
Winston Churchill once said: "It has been said that democracy is the worst form of government except all the others that have been tried." It is this writer's opinion that Tom DeLay's request should be denied.
There is nothing perfect about America's judicial and justice system, but, it is the best system ever devised, even with its flaws. If in a judge's opinion, a defendant will not likely receive a fair and impartial decision by the jurors in one location, that judge has an obligation to consider another place where that defendant can be more assured of a fair and impartial decision by the jurors.
However, Tom DeLay's request is not to be tried where he is likely to receive a fair and impartial decision. His request is to be tried where he is likely to receive a biased and politically prejudiced decision in his favor; his home County where voters overwhelming elected him, again and again. Like many politicians, Tom DeLay is not concerned with fairness or justice. He is concerned with twisting events to his own personal advantage. He does not seek fairness in his trial as sought by the founding principles of our nation. He seeks partiality and bias from our justice system, in his favor.
There are Counties in Texas that are more balanced on the liberal/conservative numbers, and who have less or no personal experience with Tom DeLay. It seems to this writer, that if the judge is to change the venue for the trial, that judge has an obligation to choose just such a place, in order to best assure a fair and impartial decision by a jury.
(This article was previously published at PoliWatch.Org.)
Posted by David R. Remer at August 25, 2010 05:58 PMOf course Obama’s Justice Department dropped the Federal charges.
No surprise not many people heard that. The liberal media buried the story.
Posted by: C&J at August 25, 2010 09:07 PMShould the Gitmo detainee terrorists be tried in NYC?
Posted by: Beretta9 at August 25, 2010 10:18 PMB9….your question has exactly WHAT to do with the thread?
Posted by: jane doe at August 26, 2010 12:23 AMI heard it, C&J. I heard it a number of days ago.
I told my father how, after 6 years, 2 presidents, and 4 Attorneys General, the charges are dropped!
He hadn’t heard of this. He called it a “whitewash” when I told him… whatever that means? He assumes Tom Delay is guilty of something. Taking six years to say he isn’t is a “whitewash”!
I look at it as an exposure of the way the Democratics play the game. Acuse an enemy of something, make them resign, and print the retraction on page 13023 of the newspaper 6 years later!
Stand on the steps and ask your acusers to help you regain your reputation, Tom Delay! Nixon did, you can too!
Posted by: Weary Willie at August 26, 2010 12:23 AMMaybe David R. Remer wants to see another prisoner in Texas.
He may think the federal government is too leanient on Repubican politicians. He may think Texas would be a good place to find a Republican politician guilty.
David R. Remer!
Remember that silver haired chick from Texas that said, “It’s the Economy! Stupid!”
?
Well, it might appear obvious from several comments above, that it probably is hard to find an unbiased and fair set of jurors anywhere in America today. But, the sample size here is just too small and unrepresentative to make such a claim.
Polling is showing Americans are more divided across more issues today than ever before in polling history. That fact will have an impact on our judicial system, justice system, and juries.
Posted by: David R. Remer at August 26, 2010 02:11 AM
David R. Remer!
What part of “no charges filed” did you miss?
After six years, you must still make an issue?
Get a grip, David R. Remer.
Posted by: Weary Willie at August 26, 2010 02:57 AMAs usual, I suspect a conspiracy in that the D’s and R’s all expect to be in Delay’s shoes at some point in their political history and so they get together in a little darkened room and agree to not go too hard on politicians who get upside down with the law. A conspiracy in one sentence! Who can top that?
Otherwise, we have the Corpocracy we deserve.
Posted by: Roy Ellis at August 26, 2010 01:12 PMWeary, What part of “goes to trial” did you not understand?
Posted by: gergle at August 26, 2010 01:30 PMNot sure I understand the point of this article.
Delay’s attorney asked for change of venue pre-trial. The judge said no.
Are you upset that Delay’s counsel made the motion in the first place? What consel in a high profile case doesn’t? It’s their job to get him the best deal possible, and moving it out of Austin and in to his old district would be to his advantage. It’s the prosecutor’s job to get a conviction, so arranging the trial in Austin in te first place gives him the best chance. It’s the judge’s job to weigh the rights of the State against the rights of the accused, and looks like he’s done that (probably to your satisfaction).
What am I missing?
George, the politicization of the judicial process.
Posted by: David R. Remer at August 26, 2010 03:58 PMGeorge, the politicization of the judicial process.
Posted by: David R. Remer at August 26, 2010 03
Amen to that. Conservatives have been warning about this very thing for years.
Posted by: Royal Flush at August 26, 2010 04:55 PMNo surprise not many people heard that. The liberal media buried the story. Sorry C&J but I heard it the day it was announced on now HOLD ON…MSNBC.
Posted by: Jeff at August 26, 2010 06:02 PM
For some partisans, a politicians rhetoric is far more important that his character or his morals. Traficant’s fan club is threatening to sue to get him on the ballot.
David, don’t you mean, politicized more that it already is?
There is a person in this country that has been convicted of at least two felonies resulting in deaths, and numerous misdemeanors without spending one day in jail because that person has great wealth and influence.
That person is British Petroleum.
Posted by: jlw at August 26, 2010 06:09 PM
The Dems can hang their hats on these realities and accomplishments: Big Unemployment, Big National Debt, Big Nightmare HC Legislation (crammed and rammed), Big Financial Reform (except Fannie & Freddie are exempt; Where’s Fannie Where’s Freddie), Big, Bloated Benevolent Brother (libs love Big Central Power), Big Uptick in Public Sector Jobs, Big Downturn in Private Sector Jobs (demononize business Big and Small, demonize them all!), Big Trouble with ‘Illegal’ Immigration Issue, Big Trouble with the Mosque Location (my, lib-lefts suddenly love religion)… their accomplishments are endless.
Smart money is placing bets on the right side of the table come November…. hope and change will arrive with the cool winds of autumn…. a beautiful, red autumn!
Posted by: Patsy at August 26, 2010 08:24 PMThe sad part is that Tom Delay mostly screwed the many conservative groups he supposedly cheered for. Some have gotten that, many haven’t
Posted by: gergle at August 26, 2010 10:31 PMDavid,
Have you noticed that you attempted to adress an issue, from an ondependent point of view (maybe I’m the only one who recognizes the color green)that effects us all (Americans) and the GOP apologists jump on you like you were wearing a Keith Olbermann for President tee-shirt?
Our justice system has already been highjacked by wealth and influence, now political affiliation?
For any and all who read Davis’s article. He’s not attacking Delay the Republican, even if he is a low life scum bag. He’s bringing up serious concerns about our judicial system.
Re-read the article and then close your eyes and pretend it’s not the beloved symbol of Republiucan politics Tom Delay but pretend it’s Nancy Pelosi.
Feel the outrage now?
Good.
Yes, the judge should deny a change the venue for Delay, unless there is evidence of irrational and unjustified prejudice.
The situation gives new meaning to the term “Justice Delayed”? (or denied)?
But, even if a Congress person is ever convicted of a crime, they may still get a pardon.
And they can still receive their cu$hy pensions, as did/will these Congress persons:
- (D) Rep. Dan Rostenkowski, D-Ill., the former chairman of the House Ways and Means Committee, was sent to prison on charges of keeping “ghost” employees on his payroll and embezzling public funds to buy gifts for friends and family. He was pardoned by Bill Clinton, and was still able to keep his $126,000 annual federal pension. Cha Ching!
- (D) Rep. William Jefferson, D-La., convicted on federal charges of racketeering, soliciting bribes and money laundering in a long-running bribery investigation into business deals he tried to broker in Africa.
- (D) John M. Murphy
- (D) Austin J. Murphy
- (D) Carroll Hubbard Jr.
- (D) Mario Biaggi
- (D) Walter E. Fauntroy
- (D) Mary Rose Oakar
- (D) Nicholas Mavroules
- (D) Joseph P. Kolter
- (D) Lawrence J. Smith
- (D) Frederick W. Richmond
- (D) Albert G. Bustamante
- (D) Michael J. Myers
- (D) Carl C. Perkins
- (D) Rep. James A. Traficant Jr., D-Ohio, was ousted from Congress after being convicted in 2002 for taking bribes, filing false tax returns, racketeering and forcing aides to perform chores on his farm. He is serving an eight-year prison term and continues to receive his $40,000-a-year taxpayer-funded federal pension.
- (D) Possibly, Charlie Rangel ?
- (D) Possibly, Maxine Waters?
- (R) Rep. Randy “Duke” Cunningham, R-Calif., resigned in November 2005 after pleading guilty to accepting $2.4 million in bribes from defense contractors and underreporting his income for 2004. He reportedly used his ill-gotten gains to buy a yacht, a Rolls Royce and a mansion in a Washington suburb. Mr. Cunningham started serving an eight-year prison sentence in March 2006 and still collects a combined $64,000-a-year congressional and military pension.
- (R) David Durenberger
- (R) John G. Rowland
- (R) Donald E. Lukens
- (R) Rep. Robert Ney, R-Ohio, was convicted last year of doing illegal favors for a lobbyist in return for gifts, expensive meals, skybox sports tickets and luxury travel that included a golf vacation to Scotland. When he turns 62 in nine years and becomes eligible, he will receive a $33,000 annual federal pension.
- Democrats:
- Republicans:
At any rate, the majority of voters have the government that they elect, and re-elect, and re-elect, at least, possibly, until repeatedly rewarding failure, repeatedly rewarding the duopoly, and repeatedly rewarding FOR-SALE, incompetent, arrogant, and corrupt incumbent politicians in Do-Nothing Congress (who perpetuate these abuses) with 90% re-election rates finally becomes too painful.
Dan, and your list doesn’t include many who stuff their pockets and get out when they are found out, before the heat can be turned up. People like Chris Dodd and Dennis Hastert. In the last year, Dodd has received more than a hundred thousand in political contributions, primarily from hedge fund managers, and he isn’t even running for reelection. But he did manage to write a financial reform bill that left a certain group virtually untouched, on his way out the door.
Andre’,
You can lead the horse to water, but, you can’t make it drink. Thank you for attempting to point out the obvious to those whose shades block it out. But, unless they remove their shades, such attempts are in vain. Reality is just too scary a prospect for many. They might actually have to do something with their own life in response to it.
d.a.n,
I have believed for a very long time, that a white collar crime that violates the rights of the citizenry, should be punishable far more stringently than the crime of a blue collar person against one, or a couple of individuals. But, that would require a voting population that sought to hold their representatives accountable. We aren’t there, yet.
jlw,
Dodd is an excellent example of many who have chosen to exit elected politics - but, you know, a part of the reason is this growing call by independents for accountability and responsibility by elected officials. And that is a very, very positive sign.
Posted by: David R. Remer at August 27, 2010 04:32 PMPatsy, you sure are a patsy for propaganda. Republicans doubled the national debt in 8 years, not Democrats. Good to have one of the extremist crazies represented here, completely clueless where reality and objectivity is concerned.
Posted by: David R. Remer at August 27, 2010 04:34 PMDRR, Who had control of the purse in 2006, it sure were’nt Republicans.
Posted by: MAG at August 27, 2010 07:25 PMWho had control of the purse in 2006, it sure were’nt Republicans. Ever heard of a little power the pres has called veto?
Posted by: Jeff at August 27, 2010 07:59 PMMAG, who had the veto power over budgets from 2001 to 2009? It sure wasn’t Democrats.
Posted by: David R. Remer at August 28, 2010 12:37 AMMAG, before an override can even be attempted, there has to be a veto. NO VETO was forthcoming from Republicans.
Posted by: David R. Remer at August 28, 2010 12:40 AMDRR Who took over congress in 2006 Democrats and more so in 2008. Unless the Democrats were Happy with everything Bush did.
Posted by: MAG at August 28, 2010 11:23 AMMAG, your ignorance is overwhelming. Democrats took over the House in 2006. The Senate and presidency in 2008, well after the Great Recession was underway under a Republican president and Republican controlled Congress’ from 2001 to 2008. Democrats didn’t get control of Congress until 2009, and then only briefly, despite their having a majority. At the start of the 111th Congress, the Democrats held 56 seats in the Senate, with the two independents continuing to caucus with the Democrats for a total of 58. With 60 votes required to break a filibuster, Democrats still did not have control of the Senate.
No bill proposed in the House can become law until the Senate confirms such legislation and the President assents. The filibuster prevents a majority party in the Senate with less than 60 seats from controlling the Senate outcomes on legislation. Republicans held control of much of the the Senate agenda and presidency until 2008. Ergo, Republicans controlled legislation until 2009, long after the The Great Recession was underway in 2007, and was obviously on its way in 2006, as I wrote about here at WB in 2006.
Your comments reflect a laziness to research before opining, ignorance of the most basic of American civics education, and the wearing of blinders to all empirical evidence which doesn’t support your prejudices and biases. Which makes you a true American partisan. You are in large but, waning company. Enjoy it while you can. Laziness and ignorance come with an enormous eventual price.
Posted by: David R. Remer at August 28, 2010 07:22 PMSo, why do neither eliminate the filibuster?
Posted by: d.a.n at August 29, 2010 09:39 AMd.a.n, I should think the answer is rather obvious. Both parties know their history of musical chairs as the minority party in the Senate, and neither party wishes to experience being the minority party absent the filibuster.
There are proponents for ending the filibuster or revising it to a simple majority requirement to override one. But, such proponents are not numerous. Those in power will not relinquish potential power voluntarily, and the filibuster constitutes minority power, and both partys of the duopoly are acutely aware that minority status in the Senate is in their future.
Kind of a case of cutting off their nose to spite their face, if you ask me. But, then, power corrupts reason as power grows, for all but those with inordinate integrity, a rare trait to be found in politics, in the first place.
Posted by: David R. Remer at August 29, 2010 03:05 PM
Yeah, it is pretty obvious.
Neither want to eliminate because they know they’re BOTH simply takin’ turns.
Voters and the nation be damned!
But the voters allow it.
At any rate, the majority of voters have the government that they elect, and re-elect, and re-elect, at least, possibly, until repeatedly rewarding failure, repeatedly rewarding the duopoly, and repeatedly rewarding FOR-SALE, incompetent, arrogant, and corrupt incumbent politicians in Do-Nothing Congress with 90% re-election rates finally becomes too painful.
HTML Formatting Tips:
<strong>bold text</strong>
<em>italicize text</em>
<u>underline text</u>
<strike>strike text</strike>
<a href="http://domain.com/link">link text</a>
<blockquote>quote text</blockquote>
By clicking the "Post" button you agree to abide by the Rules For Participation. Please report abuse and inappropriate behavior to editor@watchblog.com.
