Wed
Aug 23 2006
01:45 pm
By: WhitesCreek
Whoa!
 Big news from the WhitesCreek "Fair and Balanced" Department...The judge who ruled that the Bush adminstration's domestic spying activities violate the Constitution of the United States of America has ties to an organization that actually stands up and defends the Consitution of the United States America.
Bush Administration Lawyers say this is an obvious conflict of interest.
According to Judicial Watch, Only a judge belonging to organizations that DON'T defend the Constitution of the United States of America could have possibly given a fair and unbiased opinion of whether the Constitution of the United States of America has been violated by these obvious violaters of the Constitution of the United States of America.
S'n'M's picture

Actually, that does seem

Actually, that does seem like something she should have disclosed before taking the case. Not saying she necessarily had to recuse herself because of it, but having stuff like this come out after the fact always looks bad, regardless.

rikki's picture

Didn't judges disclosing

Didn't judges disclosing possible conflicts of interest go out of fashion when Clarence Thomas failed to recuse himself from Gore v. Bush despite his wife having been hired to select appointees for the incoming Bush administration and William Rehnquist failed to recuse himself from Gore v. Bush despite his daughter being a nominee for a Justice Dept appointment and Antonin Scalia failed to recuse himself from Gore v. Bush despite his son being a nominee for a Labor Dept appointment?

S'n'M's picture

Ah, the

Ah, the well-they-did-it-first defense. Guess, I'll take my ball and go home.

rikki's picture

Eh, I'm not proffering it as

Eh, I'm not proffering it as a defense, just taking advantage of an opportunity to point out what moral-relativist hypocrites Republicans are. My first impression as I read the article was that there was indeed a conflict of interest, what with the Michigan ACLU representing a plaintiff and receiving grants from an organization the judge helps run, but when I got to the part that explained the grants were for specific educational projects and not for courtroom litigation, the connection grew more tenuous. I don't really see how her ruling translates into a personal gain for her, so maybe you can spell out what benefit she derives from her ruling.

Judges frequently have social and professional relationships with lawyers who argue before them. Usually it's the judge's relationship with the lawyer's clients that matters. Who was the Michigan ACLU representing?

s'n'm's picture

I don't see that she,

I don't see that she, personally, gets any benefit out of the ruling. But I also see that, by failing to disclose her connection with ACLU, she has done herself, the ACLU, and her ruling a disservice. The focus now becomes her supposed political leanings and the dissection of the ruling with that in mind now becomes fervent and the ACLU's supposed desire to destroy our way of life now gets full play. Dumb, dumb, dumb thing to do.

rikki's picture

blame the victim

Judicial Watch and Fighting Keyboard Brigades were going to manufacture some distraction, some way to attack this judge no matter what it took. If she disclosed this weak connection, she'd have just made their job easier. Who's to say how many more tenuous relationships she might have with other lawyers or organizations involved in the suit? Has she ever been a customer of AT&T? Oh no! Did one of the lawyers clerk for her one summer during law school? Eek!

If the smearmongers get to run wild and the only way to protect civility is by finding cloistered virgins to serve as judges, politicians and activists, it's probably time to stock up on brown shirts. 

WhitesCreek's picture

Ok, I need to disclose

Ok, I need to disclose something...

 

I , too, am a member of the ACLU. There are thousands of Judges across America who are members and every Federal Judge swears an oath to defend and protect the Constitution of the United States. There is no conflict of interest, silly S'n'M. And I will fight to the death to defend your constitutional right to be obtuse...Well, not really, but do you get it now?

 (I'm really going to have to start writing on a seventh grade level, after all)

And Rikki, Have you seen a cloistered virgin lately? I thought not...SNM's a troll. Ignore...

Steve

;>)

SnM's picture

Oh good lord, I'm not a

Oh good lord, I'm not a troll. Rikki knows me, and you, Whitescreek, you, are sad.

It would only have been feeding the Rove monster to disclose the ACLU connection, is that it? And anybody who suggests that is part of the Rove machine? Y'all never have noticed that publicity about the wrong thing is a bad thing in the play of power politics or in anything, ever, no?

Of course not. You're pure. And everything you support is pure. And everyone will believe you because you are pure and your cause is pure. You're dumb. But you're pure.

Well, I don't agree with you. I don't think you're idiots. Stop trying to prove you are.

You guys and your knee-jerk anybody who-isn't-with-me-must-be-. And Rikki is the one who voted for-. Oh, yeah, I love this. Fine. Excuse me for suggesting it would have been prudent to be open about that ACLU connection. I must be troll. Or a "repug." Certainly, I don't conform with your idea of "liberal."

All I was saying -- all I said -- was that it would have been better if the judge had revealed her connection to ACLU before agreeing to hear the case. That's all. Is that what you addressed? No.

Continue to be knee-jerk stupid. That's really, really going to help your candidates.

I tell you one thing. I definitely don't want to be associated with you. You remind me of too many other people I know whose politics I don't agree with. And that is the saddest thing of all. Just to me of course. But that couldn't matter. 'Cause I'm just a troll.

# 9 is starting to make more sense at this point.

rikki's picture

those are some thin damn mints

it would have been better if the judge had revealed her connection to ACLU before agreeing to hear the case. That's all. Is that what you addressed? No.

I did address that. I'm not sure it's practical to expect a judge to foresee any conceivable connection to parties in a case. It's certainly important for a judge to consider connections to the plaintiff and defendent of record. Is it as important for the judge to consider connections to attorneys hired by the plaintiff and defendent? No, it is not. If a judge had to disclose any relationship with attorneys, you're heading toward a world where an attorney can only argue before a judge once, which can only lead to a world where half the population is attorneys. Is that what you want?

This judge's relationship to the Michigan ACLU is as significant as her relationship with any attorney she has ever broken bread with. The allegation of conflict of interest is a giant right-wing pantload. It's a charge levelled by a bunch of liars who could barely keep a straight face while writing the press release. They are useless, destructive whores, and you are carrying their water.

My initial reaction was the same as yours, SnM of many variations. But then I read the whole article. You've already admitted the judge has nothing to gain personally from her ruling. Must she also be accountable for any satisfaction some acquaintance might derive?

And what of her ruling? Is it weakly reasoned? When three Supreme Court Justices ruled unethically in Gore v. Bush, they wrote a ruling that had a self-destruct clause built in, as though it was meant for Maxwell Smart to hear and no one else. Blatant corruption by the highest court in the land. Consequences? None.

You think this is partisan? The fucking President is spying on us. The only people being partisan about that are the sad-sack losers who are saying "May I have some more, sir?" Fuck the President. Any judge with the courage to slap that coke whore down deserves my support, even if they bought Thin Mints from Debbie Stabenow when she was a Girl Scout.

 

Thin Mints? May I have some more? 

Eleanor A's picture

I wonder if you're being intentionally

disingenuous, or if you really believe this balderdash. Every Republican judge on earth is a member of the John Birch Society, or the Concerned Women for America, or the Heritage Foundation...and they trumpet that information on the tops of their resumes for the world to salute. Your insistence that there's something damning about this rings completely hollow.

And three cheers for Rikki's outline above vis a vis Republican moral relativism. Harrumph.

SnM's picture

Eleanor, are you really this

Eleanor, are you really this dumb, or can you show me where I ever said this was "damning"?

My point, and my only point, was that it would have been better to disclose the ACLU connection than not. It's not a question of whether it was improper, which I don't think it was. It's a question of whether it could be construed as improper.

As a simple example: Yours and whitescreek's posts here are a wonderful indication of what can be construed from something completely innocent. If you can damn me simply because I said "I think she should have disclosed the ACLU connection," imagine what people are going to be thinking about the judge's ACLU connection.

In a case as big as this, as explosive as it is, it's better not to have such things revealed after the decision comes down. I think the legal decision in the case was good. I think the personal decision not to reveal the ACLU connection was bad.

Rikki can fulminate all he wants about Rovian machines and hypocritcal conservatives, and he can spin this one specific instance into generalities. I don't disagree with most of it, but it's all beside the point.

I think the judge would have been better served to disclose the ACLU contacts. That's all.

WhitesCreek's picture

Ah...I see you've registered...

Ok, SNM, you're verified and I now accept you as a worthy adversary as opposed to a troll. Since you have now called me names, too, let's call it even, except for that "dumb" but "not idiots" remark. I'm very hurt by that...I here by challenge you to a duel...AS the aggrieved party I choose Mensa tests at five paces...Dull pencils would seem to be best.

 But anyway, SNM, sorry you were offended, peace on the personal attacks. I think I can take you based on logic and reason alone. Follow me here...

 The Bush Administration is getting their asses handed to them in court right now, not just on their illegal domestic spying scheme but on the signing statements and the fact that a large number of their cohorts are under indictment, awaiting sentencing, sitting in a nice plush jail cell already, or have had to go to the extreme of dying to escape a jail sentence.

So have to they fight dirty with ad hominem attacks that aren't even true:

Taylor noted on financial disclosure reports filed in 2004 and 2005 that she is a trustee and secretary of the Community Foundation for Southeastern Michigan. That group says on its website that it has given a total of $45,000 in recent years to the ACLU of Michigan for programs serving gay men and lesbians

Understanding the difficulty some folks have in drawing straight lines from point A to point B, let me type this really slowly...

1. Judge Taylor in fact did disclose her Membership in the CFSM.

2. That group plainly disclosed that it supports issue advocacy and has contributed to specific programs, none of which have to do with Domestic spying by the Bush Administration.

3. Judicial Watch and the Justice Department were fully aware of this during the hearing.

4. There is no conflict of interest and this is another PR stunt by an administration with a long list of legal losses and they will lose this one on appeal.

Cheers,

Steve 

 

WhitesCreek's picture

Damned fine Organization, actually

Here's the Judge's organization, which she fully disclosed...Check the names on the Trustee list for other obvious ACLU supporters... And I note that this group has supported Rails to Trails with more money than they gave the ACLU...What warped priorities!

http://www.cfsem.org/

 

rikki's picture

confusion

Now you're confusing me, Steve. Perhaps you have read more about this than I have, but you seem to be claiming that the judge did disclose her connection to the ACLU. The article I read (NYT) quoted several legal scholars as saying she should have disclosed her connection. It seems like you are conflating some yearly disclosure with a disclosure specifically related to this case.

The confusion over these details is important. I wonder how much the legal scholars understood about the financial support. If the reporter said, "Judge Taylor is trustee for an organization that supports the Michigan ACLU, which represented the plaintiffs in this case. Should she have disclosed that connection?" my answer would be "Yes." If, however, the question specified that the money was granted to the ACLU for outreach projects unrelated to wiretapping or to courtroom activities, I'm not so sure.

If one of the defendent's attorneys sits on the board of the Rails to Trails organization, is that a potential conflict worthy of disclosure?These are the lines I believe are being blurred: plaintiff/plaintiff's counsel, general support/earmarked grants

I don't think it's the judge's duty to outflank Rove's bullshit machine. Her duty is to disclose actual conflicts of interest, not to play the Kevin Bacon game looking for intersections between her life and the counsel representing parties in her court.

It is the responsibility of rational Americans to see through the bullshit and, more importantly, show up at the polls in significant enough numbers to dilute the power of the Freeper Navy afloat on a sea of drool. 

WhitesCreek's picture

Judge Taylor disclosed her

Judge Taylor disclosed her relationship with the Community Foundation of Southeastern Michigan and the fact that she is a trustee and officer of CFSEM. CFSEM has and endowment of over 400 million dollars and has given roughly 175 million to charitable and community based causes. Of that $175,000,000.000, approximately $45,000 went to support an ACLU legal expense related to specific issues that had nothing to do with the Bush Administration's domestic spying activities. Calling that a conflict of interest is ludacrous. ...Bogus beyond belief.

Judge Taylor's legal ruling seems to be well researched , shcholarly, and beyond reproach...This is all they've got. It is another example of why conservatives deserve no trust from a thoughtful person.

 Beyond that, the "Judicial Scholars" quoted by the NYT are not exactly clean themselves, but represent Judicial Watch which is primarily a right wing conservative funded organization. Perhaps they should have disclosed  that they themselves are a partisan backed group that has received over $7,000,000.00 from Richard Mellon Scaife...Remember him?...The right wing billionaire who funded Paula Jones.

Judicial Watch is a conservative attack group running under the guise of legal scholars. They have made pretenses to credibility such as the very suspicious lawsuit they brought against Cheney's secret energy task force, which they somehow managed to conveniently lose.

Steve 

 

s'n'm's picture

Your contention that the

Your contention that the legal scholars quoted in the article are mere mouthpieces for conservative activists isn't particularly persuasive. Gillers and Lubet both wrote opinion pieces highly critical of Scalia for refusing to recuse himself in Cheney's case. Rhode has questioned Alito's impartiality. I'm sure you feel that was all just clever subterfuge to lull liberals into trusting them, but I'm not buying it. Nor am I putting more energy into this tit for tat over what is, after all, a minor point.

I think prudence would have suggested that Taylor reveal the ACLU connections. You don't. That's it.

R. Neal's picture

I'm glad that's settled.

I'm glad that's settled.

WhitesCreek's picture

Yeah, but SNM missed the

Yeah, but SNM missed the point after all that. The non relationship with the ACLU was disclosed to any normal standard of legal conflict of interest.  Judge Taylor disclosed her trusteeship with a well respected top 30 in the nation charitable org that gave a little over 2 hundredths of its gifts to a legal fund for a cause the ACLU was the law firm for, and which was not the "cause" under review.

The Scaife connection for the "Legal scholars" is far more damaging to a reputation and any pretense of neutrality.

...but let's move on...I'll need a volunteer to act as my second and determine the exact dullness of the pencils

rikki's picture

Actually, Steve, you're

 Actually, Steve, you're missing the point.

The "legal scholars" quoted in the NYT article are not affiliated with Judicial Watch. They are recognized experts in legal ethics interviewed by Lichtblau while writing his story. It's not clear whether they were familiar with the full details of Taylor's connection to the ACLU or merely commenting on the situation as it was explained to them. It's certainly possible to present the connection in such a way so it sounds like more of a conflict than it is.

Also, as best as I can tell, Taylor did not disclose the connection in the context of this case. But you keep saying she did. I haven't seen any evidence to support your contention, which flatly contradicts the story. 

SnM's picture

What does it take to get

I don't miss your point. I get it. I don't think it's relevant. The point isn't whether she disclosed her connection with the ACLU in financial documents a couple years prior. It's not about judicial standards of conflict of interest. It's about the appearance of it, in this case and only this case.

My point was, and has been, merely that it would have been prudent to reveal the ACLU connection when taking the case. I have never, ever, ever, ever, ever, ever, ever, ever, ever said there was a conflict of interest. There wasn't. That is not the point.

To have revealed the connection with ACLU, ephemeral as it is, would have clarified that there was NO conflict of interest. It would have headed off this current spectacle. Yes, conservative activists would have raised something else, but that's beside the point too.

Making the revelation was an obvious thing to do in a high profile case such as this when ACLU was a party to the case. That's my opinion. It's what I would have done had I been in Taylor's place. That's all.

See Rikki's response about your unpersuasive contention that the legal academicians quoted in the Times are all just mouthpieces for conservative activists. If you have proof of it, then I'll defer to you on that point.

But on the other, can we just agree that we don't agree with each other and leave aside the snide "SnM still missed the point after all that" and dull pencil references? I have tried to be polite in this thread, unless I was being condescended to, which you have been for no particular reason that I can fathom. And when you have been, I responded in kind. I have no interest in doing so, so can we leave that aside? Unless you want to start a snide war? In which case, I'll be happy to oblige. But let's step into another thread if that's your desire, ok.

WhitesCreek's picture

Rikki, We're arguing in

Rikki, We're arguing in concentric circles of ever decreasing radii, but the "legal scholars"  raising the ACLU connection in the NYT are Judicial Watchers, not all bad but highly suspect. There were plenty of other "legal scholars" who were critical of Judge Taylor's decision on legal grounds. My sense of the group is that they all feel that the decision will most likely stand, regardless. I see I was unclear, sorry. It also appears that there is more than one NYT article. I plead incomplete research.

SNM, I see by your last post that we were in agreement all along. Judge Taylor met all legal requirements of disclosure. The defendants were either aware of the vanishingly small ACLU connection or should have been and could have asked for recusal prior to or during the hearing and did not. What is left is a PR stunt. I apologize for getting us on the wrong foot, otherwise.

Peace,

Steve

(and you guys can have the last word)

s'n'm's picture

I never said there was a

I never said there was a conflict of interest. What I said was she should have avoided the appearance of it by disclosing her connections to ACLU. It's simple circumspection.

Thank you for pointing out that she had done so earlier in financial filings, but I don't think that was sufficient. She should have done it when taking this case. I agree with the legal scholars the Times talked to:

"Three legal ethicists interviewed said although Judge Taylor’s role as a trustee for a supporter of the civil liberties group would not necessarily disqualify her from hearing the case, she should have probably disclosed the connection in court to avoid any appearance of a conflict.

"'It certainly would have been prudent' to notify the parties in the case, including the Justice Department, about the issue, said Steven Lubet, a law professor at Northwestern University and an author of "'Judicial Conduct and Ethics.'"

Whether revealing this was a PR stunt by the administration or anybody else is irrelevant. To avoid the appearance of impropriety, she should have revealed the connection herself when taking the case. It would have been the reasonable, cautious, discreet, sensible, careful, judicious, discerning, far-sighted, provident, sagacious, canny, and shrewd thing to do.

P.S. I've been registered at Knoxviews for a long time. During the day, it's just fewer steps for me when posting to not to go through the sign-in process.

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

TN Progressive

TN Politics

Knox TN Today

Local TV News

News Sentinel

    State News

    Wire Reports

    Lost Medicaid Funding

    To date, the failure to expand Medicaid/TennCare has cost the State of Tennessee ? in lost federal funding. (Source)

    Search and Archives