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Republican baron DeLay seeks new judge for conspiracy trial

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Tom DeLay, a top Republican ally of President George W. Bush, appeared in court for the first time on charges of illegal political financing and demanded a new judge take control of his trial.

The formal arraignment of DeLay, who has stepped down as leader of the Republican majority in the House of Representatives, was delayed because his attorney said Judge Bob Perkins had made contributions to the Democratic Party and other groups that oppose the Republicans.

DeLay's attorney, Dick DeGuerin, said the politician known as "The Hammer" because of his uncompromising style could not get a fair trial with Perkins.

The judge said he had asked another leading judge to investigate the accusations.

DeLay smiled and joked with his wife, Christine, as he waited for the start of the hearing, at which DeGuerin said the judge had made contributions to the Democrats and the activist group MoveOn.org.

The lawyer said MoveOn.org had been selling T-shirts showing DeLay's mug shot, taken on Thursday when he formally presented himself to be charged.

"I haven't seen that T-shirt," the judge said.

DeLay did not make a formal plea nor any statement during the hearing, which lasted less than 15 minutes.

DeLay went to the Harris County sheriff's office in the Houston suburbs on Thursday to post a 10,000-dollar bond and have his fingerprints and photograph taken.

He was charged last month with conspiracy to violate a Texas election law by diverting corporate donations to candidates for the state legislature. A separate grand jury added a new charge of money laundering.

DeGuerin told reporters outside the courtroom that his motion was not about Democrats or Republicans, but that Perkins's political contributions were in opposition to DeLay.

"Frankly, a judge should avoid even the appearance of impropriety," DeGuerin said.

The lawyer said DeLay would also ask for a change of venue because "leaks and innuendo" in the press over the past three years have tainted the jury pool in Austin, and DeLay would get a fairer trial elsewhere.

At a press conference, DeLay renewed his allegations that he was the victim of a political campaign by prosecutor Ronnie Earle.

He said he was happy to get his first chance "to go before a court and refute these baseless charges that are the result of a political vendetta being acted out by Ronnie Earle."

DeLay said Earle, who is also a Democrat, had launched the investigation because he had succeeded in taking control of the Texas legislature from the Democrats.

"Because Ronnie Earle and the Democratic Party could not beat me at the ballot box and could not beat me on the floor of the House of Representatives, they are now desperately trying to challenge me in a courtroom."

He added: "I will fight this prosecutor's abuse of the legal system. I will be absolutely exonerated."

About nine protesters stood on the steps outside the courtroom, singing songs against DeLay. One protester held a sign saying: "Is the Hammer heading for the Slammer?"

DeLay stepped down as House majority leader under a Republican rule requiring him to relinquish the post if charged with a felony. He has insisted the move will only be temporary.


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