NOTE: I wrote this story as a freelance correspondent for Agence France-Presse. The copy below is exactly what I submitted, pre-editing.

Attorneys for the State of Texas argued on Monday that the judge in U.S. Rep. Tom DeLay’s trial should not be considered ineligible to hear the case just because he has contributed to the Democratic Party and liberal organizations.

Attorneys for the state and DeLay, R-Sugar Land, issued a flurry of subpoenas last week preparing evidence and witnesses for a hearing Tuesday when Bell County Judge C.W. Duncan will decide whether District Judge Bob Perkins is able to give DeLay a fair and impartial trial.

DeLay faces conspiracy and money laundering charges for allegedly helping send $190,000 in corporate money in 2002 to Republican candidates for the Texas Legislature. Use of corporate money to directly support a candidate’s campaign is illegal in Texas.

Dick DeGuerin, DeLay’s lead counsel, argues that Judge Perkins cannot remain impartial in the trial because he has donated money to the Texas and national Democratic Parties, and liberal organizations like MoveOn.org. DeGuerin said these donations put into question Perkins’ ability to hear the case fairly because the organizations are opposed to DeLay, especially MoveOn.org which features a campaign to “Fire Tom DeLay.”

“The inevitable public perception is that Judge Perkins endorses, supports, and shares the political views espoused by that organization, including antagonistic, personal attacks on a Congressman whose criminal cases are pending before him,” DeGuerin wrote.

Travis County District Attorney Ronnie Earle responded on Monday that the defense has no proof that Perkins donated to those political organizations specifically because they were opposed to DeLay, and that the judge has never done anything to indicate he has “personal animosity” towards the congressman.

“The defendant’s motion to recuse Judge Perkins is, to borrow from Shakespeare, much ado about nothing,” Earle’s response said. Instead, Earle said, the court should consider Perkins’ 30-year judicial record that has earned him a reputation as a fair judge.

Both sides prepared for Tuesday’s hearing by issuing subpoenas for additional information that Judge Duncan will consider before making a decision. The state called as a witness Eli Pariser, the executive director of MoveOn.org’s political action committee, and also requested documentation from the Texas Ethics Commission on political contributions made by 31 Texas judges in three urban counties.

George Dix, a University of Texas law professor who specializes in Texas criminal procedure, said the state may want to show that Perkins’ political contributions are not rare among Texas Judges.

“The more accepted the practice is, the less likely it is to be a basis for recusal,” Dix said. Attorneys for the state did not return phone calls Monday.

Attorneys for DeLay asked the Texas Ethics Commission for documentation of Perkins’ contributions, and asked the Texas and Travis County Democratic parties for fundraising documents that mention DeLay or the 2002 Texas Legislative election. But the Texas Democratic Party on Monday protested the request and indicated it will not provide the documents for Tuesday’s hearing.

The defense also called as a witness former Texas Rep. Terry Keel, who recently announced plans to step down as the representative of southwest Travis County. Coincidentally, Earle’s son, Jason Earle, announced he would run for the open seat.

If Perkins is recused, another district judge will be chosen to hear the remainder of the trial. If Perkins remains on the case, dates will be set for pretrial hearings unless DeLay’s attorneys appeal the decision.