Powerline’s “Super Lawyer” Needs Your Help
Powerline’s “Super Lawyer” Needs Your Help
John H. Hinderaker, who writes for the right-wing blog Powerline, bills himself as a Harvard-educated “lawyer with a nationwide litigation practice.” According to his law firm bio he was even named Minnesota’s 2005 “Super Lawyer of the Year.” For someone with such impressive credentials he seems to be quite confused about basic legal concepts. For example, he had this to say after reading DeLay’s criminal indictment:
Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any evidence at all. In all probability, the DeLay indictment will be thrown out at some point…
An indictment, however, isn’t supposed to include evidence of a crime; it’s supposed to include an allegation of a crime. The Washington Post explains:
No evidence to support the conspiracy charge was cited in the indictment, which says only that DeLay and two named associates entered “into an agreement with one or more of each other” or with the committee to conduct the funds transfer. But Texas law permits such evidence to be left out of the indictment, so it is rarely included.
As someone with a “nationwide litigation practice” Hinderaker should know it’s a bad idea to reveal your strategy to opposing counsel before it’s necessary.
Email Hinderaker at jhinderaker@faegre.com and tell him to read Chapter 21 of the Texas Code of Criminal Procedure.
UPDATE: Hinderaker responds:
Some goofball on a left-wing site attacked this post earlier today, claiming that I was criticizing Earle’s indictment for not reciting the evidence against DeLay.
Hmmm. How did this goofball ever get that idea? Oh yeah, when he wrote this:
Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any evidence at all.
The good news is that, thanks to your emails, Hinderaker has now read the Texas Code of Criminal procedure. After citing a section he concludes:
I assume that the indictment will be deemed barely sufficient to survive a motion for dismissal.
Apparently, reading the actual law changed his mind. Earlier today he wrote:
In all probability, the DeLay indictment will be thrown out at some point.
The conclusion he draws from all this is that I’m ignorant. Fair enough.
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Excellent! I went over to some red sites and I saw a lot of posturing like this. “There’s no evidence in the indictment!” Maybe if I posted this over there it might shut them up for a minute. Probably not. Half of them couldn’t even spell indictment correctly. Sheesh…
September 29th, 2005 at 4:52 pmWhat would anyone expect from Hindrocket?
September 29th, 2005 at 5:03 pmHmmmm.
September 29th, 2005 at 5:05 pmFrist doctors by videotape and ruins his
reputation as a doctor.
Hinderaker comments on legal cases in states where
he is apparently not familiar with the rules.
Are all republicans willing to ruin their professional
reputation over ideology?
I just love it when Blind Rocket makes a complete fool of himself. Delay could have been caught with dead 12 year old boy and these RW apologists would blame the boy.
September 29th, 2005 at 5:07 pmMaybe I need to get this fool a spot too!
TWO NEWS FLASHES JUST IN:
Vice President Cheney has directed his knee surgeon to call in two consultants. Col. Steve Austin and Jaimie Wagner. According to a confidential source in light of the Delay downfall the Vice President is getting prepared to do some fancy dancing, some high jumping, and some fast running.
An unidentified person was seen boarding Air Force One this afternoon. Shortly after takeoff AF1 filed a flight plan for Riyadh.
Check out the details at
http://www.storytimedolls.net/mmff.html
September 29th, 2005 at 5:11 pmEr, does Hindrocket explain why DeLay agreed to waive the statute of limitations?
September 29th, 2005 at 5:23 pmI work at a law firm and between him and Brownie, I am in the wrong position. I could easily qualify for either of their jobs. I need to circulate my resume. Oh wait, I’m not willing to sell out my morals and the minority. Nevermind.
September 29th, 2005 at 5:32 pmHe pulled a Frist! Just goes to show you that Republican Lawyers and Doctors are typically as inept and incompetent as their politicians are!
September 29th, 2005 at 5:32 pmWhy bother? I’ve read his blog occasionally. What a self inflated ego & buffoon.
He’ll never let anything like facts get in the way of making a point. Very similar to O’Reily, Limbaugh Savage & the other screaming talking heads.
September 29th, 2005 at 5:37 pmSLAM!
September 29th, 2005 at 5:42 pmHas anyone looked around for the “Journal” of Law and Politics?
http://www.lawandpolitics.com/minnesota/default.asp
Their motto is “Only our name is boring”. From the About section:
“It’s been described as a local version of Mad magazine mixed with The Harvard Law Review and the New Yorker.”
And it’s only been around for 8 years. This is not some prestigious law journal.
September 29th, 2005 at 5:45 pmJust a while ago on CNN DeLay told Breathless Blitzer that this would all be thrown out of court and over by December.
He cited the same – nothing in the indictment. The two drunken lawyers he has have promised him immediaate dismissal of this matter.
This may well be true if you get a wingnut judge.
September 29th, 2005 at 5:45 pmMalkin [gag] had an opinion from a former DOJ (?) attorney (Comstock) yesterday (within hours if not minutes of the indictment) that had already analyzed the case, the evidence, the trial, and concluded there is no case. Isn’t it amazing how quickly the wheels of justice turn for the right?
September 29th, 2005 at 5:49 pmHere’s a quick-opening, non-pdf version of Chapter 21 of the Texas Code of Criminal Procedure. I would have copied-and-pasted its text here, but it’s too lengthy.
September 29th, 2005 at 6:06 pmhttp://www.capitol.state.tx.us/statutes/docs/CR/content/htm/cr.001.00.000021.00.htm
#7 – That was a close one, P & P.
September 29th, 2005 at 6:32 pmmember of Congress. Cut in the same cloth as Delay. I say we just dont put these bastards on trial we execute em!
September 29th, 2005 at 6:50 pmHere’s the actual indictment in non-PDF format:
September 29th, 2005 at 6:53 pmhttp://www.thesmokinggun.com/archive/0928051delay1.html
Another point that I haven’t seen made yet is that it was the Grand Jury that handed down the indictment. The DeLay cronies are talking like Earle acted alone. Was everyone on the grand jury a democrat? I’d guess not.
September 29th, 2005 at 7:24 pmFrom idiot John H. Hinderaker above, “Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any EVIDENCE at all. In all probability, the DeLay indictment will be thrown out at some point…”
I did a word search of the entire Texas Chapt. 21 statute link above, and the word “evidence” DOES NOT EVEN APPEAR. If “evidence” was required, wouldn’t that word (or a synonym) show up in the statute?
September 29th, 2005 at 7:32 pmNotice also how Earle has gone from “partisan” to “corrupt” in the span of a day.
September 29th, 2005 at 8:13 pmA two year investigation produces an indictment and we are told that it doesn’t mean anything?
September 29th, 2005 at 8:27 pmRonnie Earle has 27 years as a prosecutor; he lost badly in his prosecution of Hutchison, so I don’t think he would go this far unless he was sure of his case. What concerns me is that the case is on “conspiracy” and not something more substantial, but for now, I will remain confident that the people involved know more about the case than a speculating lawyer from afar. He must have gone to the Frist school of Law.
Just when you think he can’t be any more stupid. Assrocket complains that DeLays name is only mentioned with regard to the statute of limitations waiver…I guess he doesn’t apply to the part of the indictment that reads:
“the defendants herein, with the intent that a felony be committed…”
Geez, this is just like the Karl Rove, “I just said ‘Wilson’s wife’, I never said her name” defense.
September 29th, 2005 at 9:35 pmPablo in Mexico: “This may well be true if you get a wingnut judge.”
Anybody with legal knowledge (unlike me) know if Delay’s case could ever reach the 5th Circuit Court of Appeals? You know, Judge Pricilla Owen’s court? That could be handy. (Again, I’m admitting ignorance on the subject).
Could be handy for Kenneth Lay, too …
September 29th, 2005 at 11:05 pmIt’s a vast left-wing conspiracy to tarnish Tom DeLay’s record of public service I’m only kidding.
You know what? The way I see it it’s about time some of these arrogant, blow-hard, sycophants had to do some answering. They believe that they should not ever have to endure for themselves what they dish out to their opponents. They spent years and $50 million to get Bill Clinton and all they “got” was nothing except one thing that was laid on Ken Starr’s lap almost as a fluke. A blabbermouth (Monica)confided to a friend that turned out to be a witch (a hideous one at that) about giving a man (the President) a blow job. And a semen stained dress later we have an impeachment! All for a sexual indescretion that most men in this world are guilty of. It’s not about the oral sex, it’s about the fact that he lied under oath about it as the republicans say. Yeah, right! Every married man on this planet would do the same thing under the same circumstances!
Hey… that’s it! Republicans need more oral sex! Then maybe they will actually shut up, calm down and become members of the human race!
September 30th, 2005 at 1:46 am“Blogs for Bush” is sounding more whiny and frightened than ever. You know Right Wing Loons are scared when they start making threats because their favorite idols are going down.
The most hillarious thing is that they’re threatening actual “Civil War” because the Democrats have started the political war of personal destruction in which we find ourselves!!
And frankly, I say, “bring it”. It really wouldn’t disappoint me to see a bunch of ego-inflated chickenhawks go out, buy guns, try to instigate some sort of ham-handed armed insurrection and get smacked down in one fell swoop.
Just kidding, of course. I don’t really want to see anyone, even wingnuts, hurt in all of this. Not really…
September 30th, 2005 at 6:05 amOn hearing of South Carolina’s secession, Sherman presciently observed to a Southern friend before going north to serve in the Union Army:
You people of the South don’t know what you are doing. This country will be drenched in blood, and God only knows how it will end. It is all folly, madness, a crime against civilization! You people speak so lightly of war; you don’t know what you’re talking about. War is a terrible thing!
You mistake, too, the people of the North. They are a peaceable people but an earnest people, and they will fight, too. They are not going to let this country be destroyed without a mighty effort to save it …
Besides, where are your men and appliances of war to contend against them? The North can make a steam engine, locomotive, or railway car; hardly a yard of cloth or pair of shoes can you make. You are rushing into war with one of the most powerful, ingeniously mechanical, and determined people on Earth — right at your doors.
You are bound to fail. Only in your spirit and determination are you prepared for war. In all else you are totally unprepared, with a bad cause to start with. At first you will make headway, but as your limited resources begin to fail, shut out from the markets of Europe as you will be, your cause will begin to wane. If your people will but stop and think, they must see in the end that you will surely fail.
September 30th, 2005 at 6:17 amJust what weapons do they make in the south? Besides corn likker?
September 30th, 2005 at 6:18 am“This lefty apparently is ignorant of the elementary difference between alleging what the defendant did that was illegal, which is normally done, and pleading the evidence you will offer to prove that he did it, which is normally not done.”
comment by SuperLawyer
“The conclusion he draws from all this is that I’m ignorant. Fair enough.”
comment by Lefty Goofball
You said it.
September 30th, 2005 at 8:16 amI see the wingnuts are still among us. Hey, you had to love that “blogs for bush” site, eh?
dipshit. Like killing each other will solve anything. I myself am happy to wait for the trial. I have time. I only wish the confluence of Republican Leaders going on trial was closer to the ‘06 elections. It won’t matter too much. We’ll just replay the headlines for a year, that’s all.
Like I said, dipshit.
September 30th, 2005 at 10:41 amAssrocket. What a maroon. I wouldn’t hire that guy to prosecute a slip-and-fall.
In response to Bert Deet (#23): The case will be assigned to one of the six criminal district court judges in Travis County. (Actually, it will probably be consolidated with the earlier Ellis-Colyandro indictment in the 331st District Court.) I don’t know anything about the criminal district judges in Travis County.
From there, an appeal (if any) goes to the Third Court of Appeals in Austin, and from there to the Texas Court of Criminal Appeals. These are Texas state courts whose judges are elected (the Third Court from the voters around Austin, the CCA from statewide). Unless some unusual circumstance arises, the only federal court that could be involved in the case is the U.S. Supreme Court, which could hear an appeal from the CCA.
September 30th, 2005 at 11:39 amI-RIGHT-I,
Thanks for the ongoing entertainment. Nothing like missives from an alternate reality to spice things up, and it’s always good to see wingnuts publicly humiliating themselves by supporting the indefensible.
You do a far greater service for Democrats and liberals than you could ever know. So again, my thanks.
September 30th, 2005 at 12:24 pmThey are really out there, these trolls. They won’t ever tell me why they are here, though. They are much too ignorant to even realize why, I suppose. I can only guess as they are silent on that issue.
Here lately, their defense of criminality is so preposterous that it is laughable, although not so funny. These people actually exist here in this country. It is hard to believe, but sadly true.
I thought repubs were supposed to be tough on crime? HA
September 30th, 2005 at 1:43 pmI-RIGHT-I,
Thanks for the ongoing entertainment. Nothing like missives from an alternate reality to spice things up, and it’s always good to see wingnuts publicly humiliating themselves by supporting the indefensible.
You do a far greater service for Democrats and liberals than you could ever know. So again, my thanks.
Comment by Jonathan
Backatya Jon, every word. I can’t say I couldn’t say it better myself because I already did on another thread. It’s a miracle you remembered to replace Donk for Republican.
September 30th, 2005 at 2:24 pmThey are really out there, these trolls. They won’t ever tell me why they are here, though.
comment by ratbastardcommiemofo and proud
You must have a memory shorter than your dick. I went into great detail about that just for you last week.
September 30th, 2005 at 2:30 pmQuote from StupidLawyer:
“Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any evidence at all. In all probability, the DeLay indictment will be thrown out at some point…”
Quote from Republican Grand Jury Foreman – A REPUBLICAN!
“I like his[Delay] aggressiveness and everything, and I had nothing against the House majority man, but I felt that we had enough evidence, not only me, but the other grand jury members,†Gibson said.
And MrFascists’ irrelevant response to this stark contradiction?
“You must have a memory shorter than your dick. I went into great detail about that just for you last week.”
Once again showing his fascination with male genetalia. Get some sex you depraved moron – you’re clearly delusional from remaining a self loathing closet queen! If GeezassW and Rove can both pay for a male hooker to satisfy their urges – surely you can. Just call it an experiment with the devil to prove you’re straight – whatever continuing delusional lie you need. Just get help you pathetic rat bastard!
September 30th, 2005 at 3:15 pmOh, come on, I-RIGHT-I. That’s just disappointing, considering how creative you’ve been thus far in convincing our esteemed readers that wingnuts are bona fide loons. Are you going to say now that the best you can do is “I know you are, but what am I?”
I know you can do better. If you’re not careful, you’re going to lose your status as “Exhibit A” of uncommitted nutjobs in the world of American politics.
September 30th, 2005 at 5:05 pmI don’t have a dick wierdo. But for edification, please repost.
September 30th, 2005 at 5:22 pmP&P,
See the comments under “Partisan Witchhunt? Foreman of “Runaway†Grand Jury Praises DeLay”. IRI’s one of the very few, bona-fide racists in this country. I strongly suggest we treat him accordingly.
At least most right-wingers have the good sense to be a little discreet with any racist tendencies they may have. IRI’s a poster child for Stormfront.
September 30th, 2005 at 5:25 pmI don’t have a dick wierdo. But for edification, please repost.
Comment by progressive and proud
I guess that explains the lenght of your memory then doesn’t it? HA! In fact that explains a lot of things. Is there anything else I should know? Like are you a Jewish lesbian or something?
September 30th, 2005 at 6:00 pmI’d love to say that I-RIGHT-I is a shining example of wingnuts everywhere, but as much as I dislike today’s right wing in general, such an allegation would be unfair.
IRI’s one of a fairly rare breed in this day and age: a true throwback, BellCurve-lovin’, lily-white racist. He brings no credit to the right wing, but neither can he be said to be representative of any large constituency in this country.
Lucky us that he’s spending his time here instead of the KKK’s listserv.
September 30th, 2005 at 6:08 pmThere is so much you should know, IRI, but just don’t. Sit back and get some education here; it is sorely needed.
September 30th, 2005 at 6:14 pmGood point, Jonathan.
September 30th, 2005 at 6:15 pmIRI’s one of a fairly rare breed in this day and age: a true throwback, BellCurve-lovin’, lily-white racist.
comment by Jon “tell me a lie” Numbnuts Liberal
The Bell Curve is an uncomfortable fact of life. No matter what side, above or below you find yourself you know it’s a fact. Deal with it. If you happen to be Black, work harder. Even the people in the 95 percentile don’t get a free ride. Just ax me, I’ll tell ya.
September 30th, 2005 at 9:50 pmMrRacist expects people to WORK HARDER because he’s a stupid bigot. Perhaps if MrPervert and his KKK buddies worked harder himself to not be a selfish asshole, others would be able to simply ‘work the same’. The fact that he doesn’t realize that poor people ALREADY work harder, shows he’s a clueless twit that knows nothing of the world.
Quote from StupidLawyer:
“Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any evidence at all. In all probability, the DeLay indictment will be thrown out at some point…â€
Quote from Republican Grand Jury Foreman – A REPUBLICAN!
“I like his[Delay] aggressiveness and everything, and I had nothing against the House majority man, but I felt that we had enough evidence, not only me, but the other grand jury members,†Gibson said.
And MrFascists’ irrelevant response to this stark contradiction?
“You must have a memory shorter than your dick. I went into great detail about that just for you last week.â€
Once again showing his fascination with male genetalia. Get some sex you depraved moron – you’re clearly delusional from remaining a self loathing closet queen! If GeezassW and Rove can both pay for a male hooker to satisfy their urges – surely you can. Just call it an experiment with the devil to prove you’re straight – whatever continuing delusional lie you need. Just get help you pathetic rat bastard!
October 1st, 2005 at 12:29 amOnce again showing his fascination with male genetalia. Get some sex you depraved moron – you’re clearly delusional from remaining a self loathing closet queen! If GeezassW and Rove can both pay for a male hooker to satisfy their urges – surely you can. Just call it an experiment with the devil to prove you’re straight – whatever continuing delusional lie you need. Just get help you pathetic rat bastard!
Comment by Ryan Neat
Little girls tend to hit the boys they like. I think that works on little queer men too. You like me don’t ya?
October 1st, 2005 at 9:13 amMrWrong is projecting is sexual fantasies again… You know this is a political forum, and not a dating service for closeted republican gay men. That’s the free republic – you should go there!
MrRacist expects people to WORK HARDER because he’s a stupid bigot. Perhaps if MrPervert and his KKK buddies worked harder himself to not be a selfish asshole, others would be able to simply ‘work the same’. The fact that he doesn’t realize that poor people ALREADY work harder, shows he’s a clueless twit that knows nothing of the world.
Quote from StupidLawyer:
“Based on the indictment, which we linked to yesterday, it doesn’t appear that Earle has any evidence at all. In all probability, the DeLay indictment will be thrown out at some point…â€
Quote from Republican Grand Jury Foreman – A REPUBLICAN!
“I like his[Delay] aggressiveness and everything, and I had nothing against the House majority man, but I felt that we had enough evidence, not only me, but the other grand jury members,†Gibson said.
And MrFascists’ irrelevant response to this stark contradiction?
“You must have a memory shorter than your dick. I went into great detail about that just for you last week.â€
Once again showing his fascination with male genetalia. Get some sex you depraved moron – you’re clearly delusional from remaining a self loathing closet queen! If GeezassW and Rove can both pay for a male hooker to satisfy their urges – surely you can. Just call it an experiment with the devil to prove you’re straight – whatever continuing delusional lie you need. Just get help you pathetic rat bastard!
October 1st, 2005 at 1:33 pmQuote from Republican Grand Jury Foreman – A REPUBLICAN!
“I like his[Delay] aggressiveness and everything, and I had nothing against the House majority man, but I felt that we had enough evidence, not only me, but the other grand jury members,†Gibson said.
And MrFascists’ irrelevant response to this stark contradiction?
“You must have a memory shorter than your dick. I went into great detail about that just for you last week.â€
comment by Ryan “lie = truth” Neat
If the best you can do is string together my quotes to make stupid little lies then I’d say you’re whipped. You must have learned that in Semenary. HA! Semen..get it?
October 2nd, 2005 at 12:37 pmHindrocket can be summed up in one word: “Hacktacular”.
October 2nd, 2005 at 1:47 pmCalling out all rabid dogs to tell us how innocent Delay is…….. help help….
This guy is a fool. The REPUGnicans are calling out all their guys to do damage control. Most of the fools opening their mouths immediately don’t have a clue it could be to their own detriment.
Pay no attention to the fool behind the curtian… or the guys with their hands up dumbya’s ass.
October 3rd, 2005 at 4:39 amHey, wrongie-ie-ie-ohhh… don’t you have some damage control to do on the corrupt establishment thread? I mean 350+ comments and not one troll. shape up girl!
October 3rd, 2005 at 4:41 amWow, for folks who proclaim to uphold rights you sure are quick to throw out the “innocent until proven guilty” thing aincha?
The guy who is prosecuting this tried before and failed. His political motivations are well noted.
This, like other Earle indictments against Republican officials will go nowhere.
October 6th, 2005 at 9:50 amNorth Myrtle Beach, tried what before and failed? You mean Kay Bailey Hutchinson? He indicted her and then agreed to drop the indictment in exchange for a sizable donation to a nonprofit group. It’s done all the time in the criminal justice system. Doesn’t mean that the indictment wasn’t well founded.
October 14th, 2005 at 3:31 pm[...] John Hinderaker of the popular right-wing blog Powerline has responded to our post this morning. He never appreciates it when we fact check his posts, this time calling us “loony,” “goofballs,” and “moonbats.” [...]
October 14th, 2005 at 5:10 pm