Alito Not The Only Crooked Judge Bush Nominated

[gr8fuldaniel]

Chalk up another felon for the biggest crime syndicate ever.

Bush Nominee Broke Federal Laws RAW STORY Published: January 22, 2006 A federal judge that President Bush nominated to the U.S. Circuit Court "apparently violated federal law repeatedly" by sitting on at least 18 cases involving corporations in which he owned stock, according to an article written by Will Evans for Salon.com, RAW STORY has learned. In 2001, President Bush appointed Judge James H. Payne as a federal district judge in Oklahoma, then in late September to the 10th U.S. Circuit Court of Appeals, and Salon reports that "Payne has been sitting inappropriately on at least one case at any given moment for nearly his entire federal judgeship." "I do not have time...I can't do it," was Payne's only response to Salon's multiple attempts to reach him for comment before hanging up. Excerpts from Salon's Bush nominee broke law: # Payne's financial filings show holdings of up to $100,000 in SBC Communications stock, up to $50,000 in Wal-Mart stock and up to $15,000 in Pfizer stock, among others, while he presided over lawsuits involving the companies or their subsidiaries. In fact, it appears that since he was appointed by Bush in 2001 as a federal district judge in Oklahoma, Payne has been sitting inappropriately on at least one case at any given moment for nearly his entire federal judgeship. <snip> In the wake of the Watergate scandal, Congress passed a law in 1974 during an era of reform that made the rule for recusals unequivocal: Judges should monitor their finances and must disqualify themselves if they, their spouses or their children have a financial interest in the case -- "however small."

Maybe theres a footnote in the in 1974 law nobody has seen yet....
"Exception granted to pseudo-christian-deserter-war-monger-neocon(vict) cronies"

[gr8fuldaniel]

I thought I put this topic in the Politics sector. Since its not a major network news source. Did somebody move it here, to breaking news?


Anyhoo,

James H. Payne
Whaddya say we turn that smile upside down?

Has he been arrested? The article doesnt show that. How come when everybody else commits a felony, theres always a cop standing there with new bracelets for the perp? Why is this asshole laughing? He is the worst kind of criminal, lets make an example here. This case should just AUTOMATICALLY shoot down Alito. IMHO.

[Morgan_Freeman]

What's crooked about Alito?

[PatrickHenry]

Here's a pro-Alito source, (I am sure there are others who spin it differently): http://judgealito.com/cgi/doc_news/display.cfm?doc=35

[gr8fuldaniel]

Quote by: Morgan_Freeman What's crooked about Alito?

Same crime. He sat on cases that he is required by law to recuse himself from.

Alito holds Vanguard mutual funds:

Alito Vanguard washington post The Associated Press Wednesday, January 11, 2006; 5:12 PM WASHINGTON -- Supreme Court nominee Samuel Alito's promise to the Senate in 1990 about avoiding conflicts of interest and his participation in a 2002 case involving the Vanguard Group have been a source of debate and disagreement at his confirmation hearings. What the nominee said, did and wrote: In 1990, Alito, then a nominee for the 3rd U.S. Circuit Court of Appeals, promised the Senate if confirmed he would disqualify himself from cases involving Vanguard, a mutual fund company; Smith Barney Inc.; First Federal Savings and Loan of Rochester, N.Y.; and his sister Rosemary's law firm. Alito made the promise in his questionnaire for the Senate Judiciary Committee. In his 2004 financial disclosure, Alito said he owned shares in 14 Vanguard Group mutual funds, with a combined worth of $455,000 to $1.05 million. In 2002, Alito served on a three-judge panel of the 3rd Circuit that ruled unanimously in favor of Vanguard in a case involving the account of a deceased investor. The investor's widow sought a new review and Alito's disqualification, citing his substantial investments in the company.

There could be others as well, is this adequate?

[gr8fuldaniel]

Thanks for that link Patrick, it includes this:

In an unusual letter prompted by Senate Judiciary Chairman Arlen Specter, R-Pa., Alito said he was "unduly restrictive" in promising the committee in 1990 to avoid appeals cases involving the two investment firms, First Federal Savings & Loan of Rochester, N.Y., and his sister's law firm. When he listed the companies, "my intention was to state that I would never knowingly hear a case where a conflict of interest existed. ... As my service continued, I realized that I had been unduly restrictive," Alito said. Alito said he only invests with Vanguard and Smith Barney and doesn't hold any interest in the companies.

UNDULY RESTRICTIVE????????????
Read the 1974 law again!

Judges should monitor their finances and must disqualify themselves if they, their spouses or their children have a financial interest in the case -- "however small."

Like there really even needs to be a law forbiding such unethical behavior. Is there a law that just plianly states a Judge shouldnt rape and pillage and rob banks on the weekends? Maybe not letter by letter, but there are laws for everybody and we expect judges to abide by them. There are laws that are written specifically for judges like this:

http://www.nd.gov/oah/documents/ethics.doc <snip> D. Financial Activities. (1) A judge should refrain from financial and business dealings that tend to reflect adversely on impartiality, demean the judicial office, interfere with the proper performance of judicial duties, exploit the judge’s judicial position, or involve the judge in frequent transactions or continuing business relationships with lawyers or persons likely to come before the agency for which the judge serves. (2) Subject to the requirements of subsection D, subdivision (1), a judge may hold and manage investments of the judge and members of the judge’s family, including real estate, and engage in other remunerative activity, unless otherwise prohibited by law. (3) A judge shall manage the judge’s investments and other financial interests to minimize the number of cases in which the judge is disqualified. As soon as the judge can do so without serious financial detriment, the judge shall divest himself or herself of investments and other financial interests that might require frequent disqualification. More....

[gr8fuldaniel]

In the bigger picture Alito will turn this country in a Corporatocracy. He judges in favor of big business without exception, from what I am hearing.

[xyzer]

gr8fuldaniel..Your assertion about Alito is pure fiction and the example you use is of another judge nominated for the circuit court. It's a nasty smear with no evidence to prove your insinuatuion. Surely you feel some shame at such a shabby portrayal of an innocent man?

I notice the Vanguard Mutual Fund matter is another of your unfair political arrows. The matter was thoroughly vetted during the recent hearings. Mutual funds(as you know) contain investments in lots of companies and as was mentioned are an unclear area for recusal. In the case at hand Alito did recuse himself from the matter when he realised what had happened. The case was remanded to another panel for ajudication! The actions of a reasonable man and not as you insinuate someone trying to take advantage of the system.

[gr8fuldaniel]

Quote by: xyzer gr8fuldaniel..Your assertion about Alito is pure fiction and the example you use is of another judge nominated for the circuit court. It's a nasty smear with no evidence to prove your insinuatuion. Surely you feel some shame at such a shabby portrayal of an innocent man?

What innocent man? I am talking about felons here. They just havent been arrested yet. Executive privelege? Overreaching executive? You betcha.
Question:
1) How is my "assertion about Alito is pure fiction" ? I offerred sources to back it up. Feel free to dispute those sources, I will defend them.

2) You said: "the example you use is of another judge nominated for the circuit court"
I say: I am showing a criminal pattern of the president to nominate criminals FOR ETHICAL fucking jobs.

I notice the Vanguard Mutual Fund matter is another of your unfair political arrows.

Unfair to bring truth to light? What are you talking about?

The matter was thoroughly vetted during the recent hearings.

Source?

Mutual funds(as you know) contain investments in lots of companies and as was mentioned are an unclear area for recusal.

Wrong again. Financial interests "NO MATTER HOW SMALL" , the judge MUST disqualify himself. There is no grey area here. Nothing to argue and dicker about. HE MUST RECUSE HIMSELF. I dont care if YOUR king and his thugs say different.

In the case at hand Alito did recuse himself from the matter when he realised what had happened.

AFTER he was caught!! Big deal. You cant un-rob a bank, can you?

The case was remanded to another panel for ajudication!

ajudication isnt in my dictionary. I am not impressed even if you put 3 !!!'s at the end

The actions of a reasonable man and not as you insinuate someone trying to take advantage of the system.

Again, I am not insinuating anything. The facts are clear enough, I dont need to embellish.

[gr8fuldaniel]

A judge cant use ignorance of his holdings as an excuse. The law requires him to KNOW what his investments are.

Alito said he owned shares in 14 Vanguard Group mutual funds, with a combined worth of $455,000 to $1.05 million.

Are you saying Alito was ignorant of a million bucks? Is he that rich? Who else is paying his salary? hmmmm, VANGUARD?

[gr8fuldaniel]

Does anyone find it creepy, that this story isnt reported on major networks (that happen to be owned by major corporations). Its not NEWS? Did I wake up in a Kingdom this morning? The rule of law is no longer king, cronies decide who gets away with what.

Why is Salon.com getting this exclusive?
Answer:
Corporate interests

Ladies and Gents:

[gr8fuldaniel]

When anyone makes mistakes in judgement, isnt it important to note whether it is an EVENT or a PATTERN? I am seeing a pattern of poor judgement, when it comes to putting a face on America. John "Bomb the UN" Bolton, Mike "Heckuva Job" Brown, Alberto "Geneva Conventions are Quaint" Gonzalez, Condi "Who'd a-thunkit" Rice, .....you get the picture. These positions are supposed to be filled by our Best and Brightest. They are all criminals and sleazeballs.

[PatrickHenry]

Quote by: gr8fuldaniel ...They are all criminals and sleazeballs.

My outrage has hardened into cynicism...

[Scribbler1]

Quote by: PatrickHenry My outrage has hardened into cynicism...

Took you long enough.

[gr8fuldaniel]

You can watch or listen to Alito confirmation hearings on CSPAN2.

I heard John Kerry called for a Filibuster a while ago.

This hour is scheduled for Dems. Alternating hours.

[Mr.Vicchio]

Gr8fuldan is quick to mear, quick to attack, slow to realize that... few agree with him. I take that back, just read on Drudge report old Kerry the Vietnamese Honored Anti-War critic, is going to call for a filibuster on Alito.

Right on John! Guess what? Because of the lunatics like you Gr8, forcing political panderers like Kerry to rash behavior, the GOP is gonna "push the button" on the Nuclear Option. Fine by me.

[gr8fuldaniel]

Heres where we stand right now.

3 Traitors: Sen. Ben Nelson of Nebraska, Sen. Robert Byrd of West Virginia and Sen. Tim Johnson of South Dakota have voted YES on Alito.

Lieberman, surprised me voted NO on Alito.
But I was more surprised by Byrd voting YES. Byrd who says he cant leave home without the Constitution in his pocket......Has essentially burned the same constitution with his vote today.

Confirmed John Kerry wants to filibuster, but we are reaching Critical Mass. Repubs need 60 votes to make a filibuster impossible.
So far its 54 reps plus the 3 dems = 57 votes. The good news all Reps have already voted.

Quote by: V Gr8fuldan is quick to mear, quick to attack, slow to realize that... few agree with him. I take that back, just read on Drudge report old Kerry the Vietnamese Honored Anti-War critic

Look whos quick to "mear". At least Kerry is a war veteran, unlike your heros who all happen to be chickenhawks, deserters and anal cyst deferrals.

Tell me V, why do you hate Americans so much? Alito always rules against the people and in favor of corporate/government interests. Even when he has a vested interest in the company on trial. Guess how he rules? He votes for his OWN PROFIT. Its not just unethical, its criminal.
Also, He is more often the lone dissenter than should be allowed.
Alito rules in favor of extreme government powers. Alito was chosen to be a surrogate to a dictatorship. No Thanks.

[gr8fuldaniel]

Actually I just heard on Randi Rhodes Show that Senator Byrd hasnt actually voted yet.

We need to flood his phones with incredulity!

He is senile. We need to remind him he is an American, not a nazi!

[Apeman81]

Quote by: gr8fuldaniel Actually I just heard on Randi Rhodes Show that Senator Byrd hasnt actually voted yet. We need to flood his phones with incredulity! He is senile. We need to remind him he is an American, not a nazi!

Man! It's exciting watching the vitriol take on such a fervered pitch!

Pass the popcorn

[gr8fuldaniel]

Odd that you are enjoying the dawning of fascism, Ape.

I just sent Senator Byrd an email:

Dear Senator Byrd. Are you feeling OK. I hope this message finds you well, but I am worried about you. You broke my heart today. You probably wont live long enough to experience the fullness of a bush dictatorship. I am sure as soon as the power is granted the village idiot from texas will be deposed and a truly evil fascist will replace him. We will get to witness first hand the Monarchy that these evil people have been threatening. Checks and balances have been becoming a thing of the past since "Dubya" rose to power. Did you leave home without your little book this morning? I missed your speech, hopefully I can find it on your website after I send this email. In your speech did you mention how Alito sides with Corporations and overreaching government, and was not color blind when it came to equal rights and how he always ruled in favor of employers over employees. The most important flaw that sickens me about Alito? He ruled in favor of a company that he owned between $500K and A Million Dollars invested stock. VANGUARD. I find that not only unethical, but CRIMINAL. I hope you will reconsider. Is somebody holding a family member of your hostage? That is the only reason I could see you doing such a thing. For the sake of the glory that makes America "The Beautiful"....... PLEASE, reconsider. I have always looked up to you. Dont trash what makes you an honest to God, Noble Statesman We need your leadership now, as much, if not more than ever I hope you and your family are safe and well. A fellow Patriot,

If you feel inclined here's his email address and website

OK, heres the Byrd Speech:

In advance of the Senate’s vote on the nomination of Judge Samuel Alito to the United States Supreme Court, Senator Byrd criticized the politicized, media-driven nature of the judicial nomination process and announced his decision to support Judge Alito. The text of Senator Byrd's speech follows.

The bulk of the reason for the way he is voting hinges on the medias treatment of the hearings. Senator Byrd was in error on this point:

And then there was the media and its contribution to the deterioration of this very important Constitutional process. Was it really necessary to subject Mrs. Alito to the harsh glare of television klieg lights as she fled the hearing room in tears, fighting to maintain her dignity in response to others with precious little of their own?

Mrs Alito started crying at a point when they were saying nice things about her husband. Maybe she was thinking of all the things that were said prior. About the evil that dwells in her husband. But when she started bawling, they were painting a pretty picture of him. Maybe if she hadnt married such a monster she would be more stable.
This part is telling:

But I am not one of those Senators. I refuse to simply tow the Party line when it comes to Supreme Court Justices. Of course, I am a registered Democrat. But when it comes to judges, I hail from a conservative state. And, like a majority of my constituents, I prefer conservative judges - - that is judges who do not try to make the law. In fact, I was once approached by Richard Nixon to be a U.S. Supreme Court Justice. But I declined in order to continue to serve the people of West Virginia. This is not to say that I would vote for any judge just because he is a conservative. No sir! If I think a conservative judge is unqualified, I will not vote for him. I have voted against judges on both sides of the political spectrum, who leaned too heavily on their political views, rather than existing law, and seemed to have a political agenda. Much has been made of the fact that Judge Alito has expressed support for the concept of the “unitary executive.” Many are afraid that his support for this concept means that he favors a broad “expansion” of presidential power. But Judge Alito has stated repeatedly that his support for the concept of the “unitary executive” does not refer to broadening the “scope” of the power of the President.

Unfortunately for the whole country, we cannot just trust Alito when his actions scream "Monarchy NOW" I am about half way through the speech, I would like to reserve the right to further comment on it.