DeLay Gets His Wish: Judge Must Step Aside

Former House Majority Leader Tom DeLay (R-Texas) won the first skirmish in his conspiracy and money laundering case Tuesday when a Texas judge was removed from presiding over the trial after DeLay’s attorneys showed the jurist had been a significant financial contributor to Democratic causes.

District Judge Bob Perkins of Travis County was removed at the close of a hearing in the state capital in Austin when another Texas judge, brought out of retirement, ruled that Perkins’ history of making 34 donations in the last five years to Democratic candidates and organizations appeared to compromise his impartiality in hearing the trial of the Republican congressman.

The decision sets up the appointment of a new judge to preside over the trial. Under court rules, neither DeLay’s lawyers nor state prosecutors can make recommendations on a replacement.

Travis County Dist. Atty. Ronald E. Earle, who brought a series of grand jury indictments against DeLay and several Republican associates, had sought to keep Perkins on the case. Earle, a Democrat, has said he viewed Perkins as fair and not one to allow his political leanings to dictate his handling of the trial.

Earle’s assistant, prosecutor Rick Reed, argued at the hearing that there was no reason to think the judge was not impartial.

But Dick DeGuerin, DeLay’s chief attorney, said by phone after the ruling that, even in a state where judges are elected and may make political contributions, it seemed improper for a judge who gave $5,585 to federal and state Democratic candidates and causes to oversee the case.

“There’s no question he’s very partisan,” DeGuerin said. “In most cases, that wouldn’t matter.

“But when partisan politics is what this case is all about, it doesn’t look right for the judge to be on the opposite side of the person who is accused. That’s as plain as the nose on your face.”

Perkins had sought to continue overseeing the trial. But legal papers filed last month by DeGuerin showed the judge consistently sent money to Democratic coffers, including contributions to Democratic presidential nominee John F. Kerry and the Democratic advocacy group MoveOn.org.

In addition, he donated $35 in January and $120 in May to the Texas Democratic Party, all after the money-laundering case was assigned to his court.

DeLay was indicted in September on a charge of violating state campaign finance laws, and again in October on charges of conspiracy and money laundering. Prosecutors contend he schemed to funnel corporate contributions through the Republican National Committee in Washington and then back to GOP candidates running for the Texas Legislature in 2002. Under state law, corporate money cannot be used directly in political campaigns.

The charges forced him to relinquish his position as the No. 2 GOP leader in the House.

DeLay has insisted he is not guilty. After the Tuesday ruling, his Washington spokesman, Kevin Madden, said: “Mr. DeLay is pleased the court carefully weighed the facts and the law and ruled in favor” of the congressman.