DeLay & Barton subpoenas (in Texas redistricting case) quashed

Federal panel quashes subpoena of DeLay and Barton

12/01/2003

By JIM VERTUNO / Associated Press

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.

http://www.wfaa.com/sharedcontent/APStories/stories/D7V5T3FG0.html