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Title: Chief Justice Roberts Requests Tenth Circuit To Investigate Kavanaugh Ethics Questions
Source: Forbes
URL Source: https://www.forbes.com/sites/steved ... ethics-questions/#3c955fdd1877
Published: Oct 11, 2018
Author: Steve Denning
Post Date: 2018-10-11 10:22:31 by Willie Green
Keywords: None
Views: 123
Comments: 11

While the Republican leadership celebrates the seating of Brett Kavanaugh as a Justice of the U.S. Supreme Court, Chief Justice Roberts yesterday requested the Tenth Circuit to review more than twelve ethics complaints that have been made against Kavanaugh. The complaints concern Kavanaugh’s behavior at the Senate Judiciary Committee on September 27.

These complaints were initially received by the U.S. Court of Appeals prior to Kavanaugh’s seating on the Supreme Court. Chief Judge Merrick Garland — whose nomination to the Supreme Court was blocked by Senate Republicans—recused himself from the matter. The complaints were then passed to Judge Karen LeCraft Henderson, whom President George H.W. Bush nominated to the bench.

Judge Henderson dismissed some of the complaints made against Judge Kavanaugh as frivolous. But she concluded that more than a dozen complaints were substantive enough to warrant investigation by an impartial panel and that they should not be handled by Judge Kavanaugh’s fellow judges in the D.C. Circuit. She referred them to Chief Justice Roberts, who has now referred them to the 10th Circuit.

The Legal Basis Of The Ethics Complaints

The complaints were not made without legal basis. More than 2,400 law professors have determined that Kavanaugh has “displayed a lack of judicial temperament that would be disqualifying for any court.”

Former Supreme Court Justice John Paul Stevens also stated that Judge Kavanaugh has demonstrated bias and is “not fit for the Supreme Court.” Former Justice Stevens, in remarks to retirees in Boca Raton, Fla, declared that Kavanaugh’s statements on September 27 revealed prejudices that would make it impossible for him to do the court’s work. “They suggest that he has demonstrated a potential bias involving enough potential litigants before the court that he would not be able to perform his full responsibilities.”

Judge Brett Kavanaugh himself has expressed regrets in the Wall Street Journal, about “a few things [he] should not have said” in his testimony before the Senate Judiciary Committee, though without giving specifics.

Now, Chief Justice Roberts has requested Judge Timothy M. Tymkovich, the chief circuit judge of the Denver-based Tenth Circuit, to review the complaints against Kavanaugh and "any pending or new complaints related to the same subject matter." Judge Tymkovich has the option of handling the complaints himself, dismissing them or appointing a special committee to examine them.

Unlike the allegations of Justice Kavanaugh’s sexual misconduct and excessive drinking as a teenager, there is no question here about the facts as to what happened, since they occurred on national television. At the Senate Judiciary Committee hearing, Judge Kavanaugh’s behavior was startingly non-judicial in nature. From the outset in his prepared statement, he was angry and confrontational in manner. He was aggrieved and complaining about the situation in which he found himself. He was impolite and challenged the integrity of the Senate questioners and portrayed the hearing in the starkest partisan terms.

Kavanaugh made no apparent effort to bring a lifetime of professional expertise and perspective to bear on the difficult issues under consideration. Instead, he was dismissive of the inquiry and was careless on matters of fact that had been asserted by other potential witnesses on the subject under discussion. He made obfuscating responses to questions about the meaning of words. He made no apparent effort to hold emotions in check and shouted at U.S. Senators and accused them of wrongdoing. He repeatedly sought to shift the attention and blame to others for what was taking place. He resisted further legal inquiry into the issues under discussion. He approached the inquiry with an attitude of entitlement and self-pity. His conduct was remarkably unprofessional.

Although Kavanaugh’s behavior was the very opposite of what one hopes for and expects in a judge, it succeeded in its immediate intent of winning the applause of President Trump and his Republican supporters. Yet his performance, which has been accurately satirized on Saturday Night Live, appalled the rest of the country and raised strictly legal questions about his temperament to sit as a judge on any federal court, let alone the Supreme Court.

Next Steps

The situation is unique in that never before has a Supreme Court appointee joined the court at a time when a fellow judge has concluded that misconduct claims against that appointee warrant review and when a former Supreme Court Justice has concluded that the appointee’s behavior was disqualifying.

Technically, Supreme Court justices are not subject to the misconduct rules governing these claims. But if complaints against a sitting Justice are not dealt with in an impartial apolitical manner, then there will be an asterisk against Judge Tymkovich and Justice Kavanaugh for the remainder of their terms, and indeed the U.S. Supreme Court itself.

There is therefore a risk that Mitch McConnell's seeming accomplishment of a “rock-solid Republican majority on the Supreme Court for a generation” may yet turn out to be something of a Pyrrhic victory.


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#1. To: Willie Green (#0)

Unlike the allegations of Justice Kavanaugh’s sexual misconduct and excessive drinking as a teenager, there is no question here about the facts as to what happened, since they occurred on national television. At the Senate Judiciary Committee hearing, Judge Kavanaugh’s behavior was startingly non-judicial in nature. From the outset in his prepared statement, he was angry and confrontational in manner. He was aggrieved and complaining about the situation in which he found himself. He was impolite and challenged the integrity of the Senate questioners and portrayed the hearing in the starkest partisan terms. Kavanaugh made no apparent effort to bring a lifetime of professional expertise and perspective to bear on the difficult issues under consideration. Instead, he was dismissive of the inquiry and was careless on matters of fact that had been asserted by other potential witnesses on the subject under discussion. He made obfuscating responses to questions about the meaning of words. He made no apparent effort to hold emotions in check and shouted at U.S. Senators and accused them of wrongdoing. He repeatedly sought to shift the attention and blame to others for what was taking place. He resisted further legal inquiry into the issues under discussion. He approached the inquiry with an attitude of entitlement and self-pity. His conduct was remarkably unprofessional.

Absolute bs!

He was called a rapist! OMG I would have kicked your ass! Then not only calling him a rapist they then called him a gang rapist! The fact that they can still chew food is a a HHHHHHHHHHUUUUUUUUUUUUUUUGGGGGGGGGGEEEEEEEEEEEEEEE sign of restraint!

This is more bs trying to smear a good man. All the accusers must be investigated and if shown lied must be prosecuted for bringing false allegations!

This is politics of the worst kind!

Shame on you demoncrats!

Demoncrats are so evil even the devil is scared of them!

If this does not wake up the rest of the sane world that demoncraps are at war with them nothing will open their eyes!

Justified  posted on  2018-10-11   11:14:55 ET  Reply   Trace   Private Reply  


#2. To: Justified (#1)

His behavior was just fine for the 26 years he was in public service before the committee hearings. But let's ignore that.

Let's simply focus on his 45-minute opening statement -- made after he was falsely accused by the Democrats of being a murdering (almost) rapist (almost), flasher (could have been him), and gang-rapist (well, he was there, I think) at ten different parties.

How dare he be upset that the Democrats destroyed his reputation, his life, and his family with unsupported allegations! Where's the decorum and gravitas (not that those were shown by the Democrats on the committee)?

misterwhite  posted on  2018-10-11   12:18:57 ET  Reply   Trace   Private Reply  


#3. To: Willie Green (#0)

What a big freaking joke !!!!

They should release the names of the parties that filed the complaints !!

I would sure like to know what Roberts is blackmailed with !!

The GOP needs to go on the offense, release the dirt on DiFi, Shumer, Durbin, etc, etc, etc, then go after them !!

Si vis pacem, para bellum

Rebellion to tyrants is obedience to God.

Never Pick A Fight With An Old Man He Will Just Shoot You He Can't Afford To Get Hurt

"If there are no dogs in Heaven, then when I die I want to go where they went." (Will Rogers)

"No one ever rescues an old dog. They lay in a cage until they die. PLEASE save one. None of us wants to die cold and alone... --Dennis Olson "

AMERICA! Designed by geniuses. Now run by idiots.

Stoner  posted on  2018-10-11   12:53:39 ET  Reply   Trace   Private Reply  


#4. To: Willie Green (#0)

So it's a damned if he does and damned if he doesn't.

Had he walked into that hearing completely stoic in simply denying the sex assault accusations with a straight face, he would have lost the nomination for not being credible, and furthermore, spent the rest of his life as a presumed sex offender.

But because he went in as a man, passionate about his innocence, he succeeded in convincing the majority of the public of his innocence but at a cost of disqualifying himself as a USSC justice for not having the proper temperament.

So... we all now know how any single person in the USA can take down a USSC nominee.

Pinguinite  posted on  2018-10-11   13:23:32 ET  Reply   Trace   Private Reply  


#5. To: Willie Green, Justified, misterwhite, Stoner, Pinguinite (#0)

Although Kavanaugh’s behavior was the very opposite of what one hopes for and expects in a judge, it succeeded in its immediate intent of winning the applause of President Trump and his Republican supporters. Yet his performance, which has been accurately satirized on Saturday Night Live, appalled the rest of the country and raised strictly legal questions about his temperament to sit as a judge on any federal court, let alone the Supreme Court.

Next Steps

The situation is unique in that never before has a Supreme Court appointee joined the court at a time when a fellow judge has concluded that misconduct claims against that appointee warrant review and when a former Supreme Court Justice has concluded that the appointee’s behavior was disqualifying.

Technically, Supreme Court justices are not subject to the misconduct rules governing these claims. But if complaints against a sitting Justice are not dealt with in an impartial apolitical manner, then there will be an asterisk against Judge Tymkovich and Justice Kavanaugh for the remainder of their terms, and indeed the U.S. Supreme Court itself.

There is therefore a risk that Mitch McConnell's seeming accomplishment of a “rock-solid Republican majority on the Supreme Court for a generation” may yet turn out to be something of a Pyrrhic victory.

Give the Republicans a few more "pyrrhic" victories like the Kavanaugh victory and the U.S. Supreme Court will remain solidly conservative for decades, claiming a 6-3 or 7-2 youthful majority appointed for life while maintaining good behavior.

Unlike the allegations of Justice Kavanaugh’s sexual misconduct and excessive drinking as a teenager, there is no question here about the facts as to what happened, since they occurred on national television.

[...]

Technically, Supreme Court justices are not subject to the misconduct rules governing these claims.

As a matter of absolute fact, the alleged bullshit occurred prior to Kavanaugh being confirmed and taking his place of the bench of the U.S. Supreme Court.

The situation is unique only in that the lowlife losers have never before thrown such a temper tantrum following their abject defeat and the glorious victory of the nominee being confirmed.

In every way imaginable, not just technically, sitting justices are not subject to such misconduct alleged by losers throwing a temper tantrum after confirmation and swearing in. According to Article 3, Sec 1, Supreme Court justices "shall hold their offices during good behaviour." There is no exception empowering disgruntled losers claiming that a justice drank beer or threw ice cubes as a teen. There is no exception emowering infantile complaints against a justice putting despicable, scumbag senators in their place during confirmation hearings.

https://dailycaller.com/2018/10/11/john-roberts-brett-kavanaugh-misconduct-complaints/

Chief Justice Refers Kavanaugh Misconduct Complaints To Federal Court

1:06 PM 10/11/2018 | Politics
Kevin Daley | Supreme Court Reporter
The Daily Caller

Chief Justice John Roberts referred 15 judicial misconduct complaints against Justice Brett Kavanaugh to the 10th U.S. Circuit Court of Appeals for further investigation Wednesday.

The referral is likely of little consequence, however, as Kavanaugh’s confirmation to the Supreme Court places him beyond the reach of ordinary judicial rules, making him removable only through impeachment.

“I’m a little disappointed that Chief Justice Roberts sent the Kavanaugh complaints to the 10th Circuit Judicial Council given that its chief judge, Tim Tymkovich, was picked by the Bush administration during the time Kavanaugh was working on judicial nominations in the White House counsel’s office,” Gabe Roth, executive director of the judicial oversight group Fix the Court, told The Daily Caller News Foundation.

The U.S. Court of Appeals for the D.C. Circuit received a number of complaints after Kavanaugh’s testimony before the Senate Judiciary Committee, alleging he made false statements and failed to maintain judicial temperament. (RELATED: Supreme Court Weighs Trump Administration’s Power To Detain Criminal Aliens)

Judge Merrick Garland would ordinarily process these complaints in his capacity as chief judge of the D.C. Circuit. Garland recused himself from the matter, however, so Judge Karen LeCraft Henderson disposed of the complaints by referring them to Roberts. The Washington Post first reported on Henderson’s referral.

“The complaints seek investigations only of the public statements he has made as a nominee to the Supreme Court of the United States,” Henderson said in a statement. They do not pertain to the sexual misconduct allegations Christine Blasey Ford, Deborah Ramirez and others lodged against Kavanaugh, as judicial conduct inquiries do not reach events which occurred before a judge’s elevation to the federal bench.

Judicial conduct and disability inquiries generally remain confidential until they are completed.

Now that Kavanaugh is a justice, it’s unlikely he will face consequences, whatever the merit of the complaints. Roth noted the rules governing judicial behavior do not apply to Supreme Court justices.

“I fully expect the Tenth Circuit Judicial Council to dismiss the complaint against Justice Kavanaugh,” Roth said. “The Judicial Conduct and Disability Act excludes Supreme Court justices from its definition of ‘judge,’ and given Kavanaugh’s recent elevation, he no longer falls within the scope of those who can be investigated under the current law.”

Kavanaugh heard his first arguments as a justice Tuesday.

nolu chan  posted on  2018-10-12   13:05:51 ET  Reply   Trace   Private Reply  


#6. To: nolu chan (#5)

If the Senate thought he lacked temperament they had the opportunity to vote against him. They didn't.

This is a ploy to use the judiciary to overturn the will of the people. Again.

misterwhite  posted on  2018-10-12   17:04:54 ET  Reply   Trace   Private Reply  


#7. To: misterwhite (#6)

If the Senate thought he lacked temperament they had the opportunity to vote against him.

Well, there's that. But election day is less than a month away and they have a willing MSM to make believe the fight goes on. I guess it sounds better to the rubes than an admission that Feinstein et al. got their asses handed to them, and the whole thing was exposed as a sham.

nolu chan  posted on  2018-10-12   17:25:20 ET  Reply   Trace   Private Reply  


#8. To: nolu chan (#7)

Without a platform, all they have is the promise of impeachment. Oh, and Hillary promises that civility will return once they win. Just like Obama promised improved race relations if he won.

misterwhite  posted on  2018-10-12   18:06:09 ET  Reply   Trace   Private Reply  


#9. To: Willie Green (#0)

Gee,who would think a homosexual SC Justice with a adopted children with Nazi parents and grandparents could be told what to do by the left?

In the entire history of the world,the only nations that had to build walls to keep their own citizens from leaving were those with leftist governments.

sneakypete  posted on  2018-10-13   17:05:28 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#8)

Oh, and Hillary promises that civility will return once they win. Just like Obama promised improved race relations if he won.

nolu chan  posted on  2018-10-14   14:35:00 ET  (1 image) Reply   Trace   Private Reply  


#11. To: Willie Green (#0)

Mr. Justice Kavanaugh - unchanged.

nolu chan  posted on  2018-10-14   15:23:44 ET  (1 image) Reply   Trace   Private Reply  


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