Judges For DeLay Case Named

I believe that three-judge panels of the federal appellate courts are drawn at random (or selected by computer), so it was the “luck of the draw,” but I am sure that Republicans across Texas (David Wallace especially) are suffering from cases of nausea, night tremors and cold sweats after learning (via Juanita and Musings) that two of the three judges hearing the appeal in Texas Democratic Party v. Benkiser were appointed to the federal bench by none other than William Jefferson Clinton.

Yes, you read that right. Clinton appointees will decide Tom DeLay’s fate.

[pause]

Assuming that each and every one of you has now picked yourself up off the floor, regained your breath, wiped the tears from your eyes and, if necessary, gone to the bathroom to cure any inadvertant leaks or splooges that laughing so hard at such irony can cause, I will now continue.

Let’s look at the judges. They are: Fortunato P. Benavides, James L. Dennis, and Edith B. Clement.
Judge Benavides is a former Texas Court of Criminal Appeals judge (appointed by Ann Richards, in fact) from Hidalgo County. He was also one of the voices of reason on the Fifth in the “sleeping lawyer” case and garnered attention for writing an opinion relating to reading a religious statement prior to a Louisiana school teaching evolution lessons. Prior to being appointed to the Fifth Circuit Court, as a CCA judge and visiting judge for the Texas Supreme Court, he had authored more than 500 judicial opinions in both criminal and civil cases.

The kicker that will most certainly make Benkiser, DeLay, et al gag? Benavides was one of the 53 “Faces of Hope” honored by Clinton at his innaugural in 1993.

Given that Judge Dennis has a bit more common of a name, I’ve found less details on him. However, he does serve on the American Bar Association’s Death Penalty Moratorium Implementation Project Assessments team for Louisiana.

As for Clement, she’s the GWB appointee, and is a member of the Federalist Society. Not surprisingly, People for the American Way has nothing good to say about her, either. Last year, she was considered a possibility for the U.S. Supreme Court.

So, that’s the panel that will decide the fate of Tom DeLay. I have no clue on how these judges have ruled on election law cases before the court; hopefully, others will have more insight into this.

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