Second Judge Out for DeLay Trial

AUSTIN, Texas - Two days after U.S. Rep. Tom DeLay won a fight to get a new judge in his case, prosecutors on Thursday succeeded in ousting the Republican jurist responsible for selecting the new judge.

Administrative Judge B.B. Schraub recused himself after District Attorney Ronnie Earle filed a motion asking for his removal from the case.....Earle said in his motion filed Thursday that Schraub has made more than $5,000 in contributions to Republican candidates, including to Gov. Rick Perry, a DeLay ally, which calls into question Schraub's impartiality in the case.

Prosecutors had asked for Schraub to recuse himself or appoint another judge to take his place.

The motion said that Schraub could ask Perry to appoint the Texas Court of Criminal Appeals to assign a judge to conduct a hearing on the motion.

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