The correct answer, which the lamestream media has finally recognized from prior Court experience in this exact issue, is this: if O'Connor's vote does not affect the outcome, her vote is discarded and the decision is announced.
But, if her vote would affect the income, the decision is withdrawn and the case is reargued, with the new Justice now seated and participating.
Same situation here. Napalitano doesn't even have it right that there is an outstanding motion to dismiss the money-laundering charge for misconduct by Ronnie Earle. And after that will be another motion to dismiss the charge during the trial. And a motion to drop deLay from the case as a defendant.
This charge is harder to prove, and likely is going nowhere. Judge Napolitano is behind the legal curve. Again.
John / Billybob
Thank you very much for the clarification. I take the Judge with a grain of salt already, this just reinforces it.
If you think Judge Napolitano is bad you should see how AP spun this. Boy, they don't even try to hide their bias anymore.
Can anyone find a link to the decision on line?
Most people would be amazed just how ignorant many judges are about the law.
Your opinions are always well-reasoned, why aren't you the commentator on Fox?