Judges: DeLay testimony "not essential"
By Jim Dallas
WFAA: Federal panel quashes subpoena of DeLay and Barton
A three-judge federal panel on Monday rejected attempts to force House Majority Leader Tom DeLay and Rep. Joe Barton to testify in a lawsuit over Texas' new congressional districts.
The two Republicans had been issued subpoenas for deposition testimony, letters, e-mails and other materials in a lawsuit that seeks to block the new congressional maps.
The federal panel agreed with the lawmakers' attorney that only under exceptional circumstances, such as having unique information in a case, could they be subject to a subpoena.
Unless evidence is shown that DeLay and Barton might fall under that description, their testimony is not essential, the panel ruled. It did, however, leave open the possibility of reconsidering its decision during trial, which is set to begin on Dec. 11.
The judicial panel heard arguments over the subpoenas during a 40-minute conference call Monday morning.
"We had hoped we'd be able to take the testimony from both members," said Gerry Hebert, a lawyer for congressional Democrats who want to learn more about the role DeLay and Barton played in the redistricting process.
Posted by Jim Dallas at December 1, 2003 08:55 PM
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I guess they're saying that the actual details of how the plan was hammered out at the very end isn't essential, then, because DeLay was definitely camped out in the Legislature for a few days.
Then again, it would be fun to get his deposition again. Who knows what'd you hear?
(http://www.texasobserver.org/showArticle.asp?ArticleID=964)
