Alito's policy on recusals is questioned
As judge, he was 'present' in case he helped prosecuteBy Michael Kranish, Globe Staff | December 6, 2005
WASHINGTON -- In 1987, Samuel A. Alito Jr., then the US attorney for
the district of New Jersey, signed a bank fraud indictment of a
New Jersey man named Larry Kopp. Later, when Alito became a federal
appeals judge, he put the Kopp case on his "standing recusal" list,
seeking to uphold his promise that he would disqualify himself from
any case that he had supervised as US attorney.
But in 1992, Alito was noted as "present" in the court's final
decision in the Kopp case, in which the vacating of Kopp's sentence
was upheld.
If Alito did take part, it would appear to be a fourth instance in
which the Supreme Court pick was recorded as being in a case he had
promised to avoid.
<snip>
The case demonstrates the fine line that Alito's critics might be
walking as they prepare for his confirmation hearing next month.
Along with the controversy over Alito's statement that there is no
constitutional right to abortion, the questions about whether Alito
is insensitive to charges of conflict of interest have drawn
particular interest from Democrats.
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