Sam Alito - Unethical Judge Who Broke Vow to Congress (please keep kicked)

[Czolgosz]

Judge Samuel A. Alito Jr. ruled in a 2002 case in favor of the Vanguard mutual fund company at a time when he owned more than $390,000 in Vanguard funds and later complained about an effort to remove him from the case, court records show -- despite an earlier promise to recuse himself from cases involving the company. . . . awyer, John G. S. Flym, a retired Northeastern law professor, said in an interview yesterday that Alito's ''lack of integrity is so flagrant" in the case that he should be disqualified as a Supreme Court nominee.

Maharaj, 50, discovered Alito's ownership of Vanguard shares in 2002 when she requested his financial disclosure forms after he ruled against her appeal . . . ''I just started seeing Vanguard after Vanguard, and I almost fell to the floor," she said in an interview at the Jamaica Plain home she shares with a friend after losing her own home in the course of the prolonged litigation. ''I just couldn't believe that it could be so blatant."

In 1990, when Alito was seeking US Senate approval for his nomination to be a circuit judge, he said in written answers to a questionnaire that he would disqualify himself from ''any cases involving the Vanguard companies."

After Alito ruled in Vanguard's favor in the Maharaj case, he complained about her efforts to vacate his decision and remove him from the case, writing to the chief administrative judge of the federal appeals court on which he sat in 2003: ''I do not believe that I am required to disqualify myself based on my ownership of the mutual fund shares."

. . . .

In the 1990 questionnaire, Alito was asked how he would resolve potential conflicts of interest. He responded: I do not believe that conflicts of interest relating to my financial interests are likely to arise. I would, however, disqualify myself from any cases involving the Vanguard companies."

<http://www.boston.com/news/nation/washington/articles/2005/11/03/plaintiff_alleges_alito_conflict?mode=PF>

[Vidar]

1. very interesting, thanks for posting.

[LonelyLRLiberal]

2. I guess impropriety or even an appearance of impropriety means nothing.

But then, what would you expect from an appointee of this criminal enterprise masquerading as the Bush administration. How many crooks can * know?

[tanyev]

4. To the Bush administration, "appearance of impropriety"

means getting caught.

[LonelyLRLiberal]

6. You are so right. LOL. nm

[skids]

18. No, getting caught is still OK.

...It's only when you finally get punished that it appears improper to them.

Alito, for example, actually got caught for this. But not punished. Thus he has demonstrated that he has what it takes -- the ability to avoid consequences for his actions -- to be a steller BushCo shill.

[Czolgosz]

20. No, neither getting caught nor getting punished is improper to the *admin

Consider Elliott Abrams appointed as special White House assistant for democracy and human rights after Abrams pleaded guilty to withholding information from Congress, then was pardoned by the first President Bush.

Or how about John Poindexter appointed as National Security Adviser after he was convicted in 1990 on five felony charges of conspiracy, making false statements to Congress and obstructing congressional inquiries.

On, in the *administration, criminal propensity is a job requirement, getting caught is earning your stripes, and a post-conviction appointment is the company pension plan.

[Snotcicles]

28. He never claimed to be a Democrat so Ethics don't apply

[damntexdem]

3. A smoking gun already?

This should be enough to derail Scalito. Now, let's see if it is.

[StuckinBFE]

50. I agree that this should be enough to derail him but I have a

feeling that if this is the guy they want this is the guy they will get. I hope some republicans come out of the daze and realize when Bush finally goes down they will go down unless they separate themselves from him.

[Norquist Nemesis]

5. Ohhh!!! Maybe this really is the thing Matthews was talking about

and there's more to come! :bounce:

[faithnotgreed]

17. could you explain that

what was chris talking about and when...

thanks so much

[Norquist Nemesis]

36. Here for a start

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=104&topic_id=5253192&mesg_id=5253192

Something's up. Just not yet sure what.

[faithnotgreed]

57. thanks norquist - any update

clearly i cannot tell whats going on from the various posts about chris and the memo etc
and am hearing you say you cant either

thank you for letting us know what he says even though we have no idea yet what it means
ha

[EFerrari]

7. They've blown it. Now we know how to look.

And if we do, we'll find some felony every time.

:kick:

[Czolgosz]

8. In addition to his lack of ethics and his broken vow to America, he's nuts

In his dissenting opinion in Planned Parenthood v. Casey, 947 F.2d 682 (3d Cir. 1991), he ignored decades of binding precedent and tried to let the politicians re-write the Constitution to restrict a woman's right to make decisions about her own body. Here's an excerpt: "General evidence about the problem of spouse abuse ... concerning the dimensions of the problem, as well as evidence that battering occurs in all socioeconomic groups and is sometimes fatal..., while documenting the existence of a broad national problem, provides no basis for any estimate of what is relevant...." (Even Alito's colleagues on the Third Federal Circuit and the far-right judges of the Supreme Court saw the relevance of domestic violence to the issue of whether a woman needs to notify her husband if she wants to terminate a pregnance.)

In his dissenting opinion in United States v. Rybar, 103 F.3d 273 (3d Cir. 1996), he ignored almost 70 years of cases which had clearly decided the scope of Congress's authority in order to reach the extremeist conclusion that Congress lacks the authority to regulate private citizens' ownership of machine guns. Here's an excerpt:
"At issue here is another type of purely intrastate firearm possession, i.e., the purely intrastate possession of a machine gun.... If there are distinctions of constitutional dimension here, they are too subtle for me to grasp." (Let's be glad that this constitutional distinction was not too subtle for the other judges on the Third Federal Circuit and the Supreme Court to grasp. Do we really want a judge who cannot grasp the nationwide effect of machine gun ownership and, therefore, believes that Congress lacks the authority to regulate such matters?)

How about Judge Alito's dissenting opinion in Banks v. Beard, 399 F.3d 134 (3d Cir. 2005), where he tried to re-write the law so prisoners didn't have access to newspapers or family photos? Or his dissenting opinions in Sheridan v. Dupont, 74 F.3d 1439 (3d Cir. 1996), and Bray v. Marriott Hotels, 110 F.3d 986 (3d Cir. 1997), where Judge Alito gave a big judicial OK to racial and gender discrimination?

Of course, even the Republican-dominated court of appeals and Supreme Court thought Judge Alito's ideas were radical, out of the mainstream, and maybe a little bit crazy.

Just envision an America where each of these dissenting opinions by Judge Alito has become the universal law of the land.

STOP ALITO BEFORE HE BORKS AGAIN!

[Metta]

9. Important stuff. Kicked and recommended

nt.

[xchrom]

10. wheee -- another corporatist liar!

you can't get enough of those in america's judiciary!
:woohoo:

[Jackpine Radical]

11. Somebody oughtta make sure this gets to Feingold.

This is exactly the kind of crap that would turn him against voting for an appointment.

[Czolgosz]

16. I HOPE that this type of breach would get to Feingold. I was shocked that

Feingold seemed so unconcerned about Roberts's blatant undisclosed conflict of interest in the Hamdan case. Feingold really shook my trust with that one.

[Gloria]

12. He's a liar. He's telling Spector that Griswold and Roe are just

peachy keen, suddenly. Meanwhile, I see pro-Alito ads on CNN by that "Progress for America" or whatever group....I DON'T see any Repugs howling, and Dobson has given his blessing.

That tells me he's their boy, no matter what he is telling Spector!

Democrats, don't be fooled by this CRAP AGAIN!! Remember, Chimpy was a "compassionate conservative" and he had no plans for war on his desk.

THEY ARE ALL LIARS. ANYONE CHIMPY WANTS IS TAINTED.....

I don't want to see this bull about how he's got the temperament, or that he's answering questions, blah blah blah. If I see Sen. Timothy Johnson or Ben Nelson out there anymore, I will just blow. Reid has to keep these idiots in line, even if it means locking them up in the Senate bathroom for weeks...

[Czolgosz]

24. If he lied to Congress once about what type of judge he would be, how are

we to trust his hearing testimony this time?

This undermines his whole ability to make any assurances about what type of justice he would be if appointed to the supreme court.

[MADem]

13. Wow, culture of greed, culture of corruption!!!

I guess the rule of law only applies SOMETIMES....!!!!

[The Backlash Cometh]

14. Unbelievable. How can we reward this kind of unethical behavior

with an appointment to the Supreme Court? You confirm him and everything that is wrong with our local judiciary will be given a breath of legitimacy that it doesn't deserve.

[rosesaylavee]

15. K & R

Thanks for finding this and posting.

:kick:

[Armstead]

19. okay kick

[knitter4democracy]

21. For crying out loud!

Bringing back honor and integrity to the White House, my ass! I can't believe these crooks!

[SammyWinstonJack]

27. Mind blowing isn't it?

:banghead:

[Mr_Spock]

22. Geez - a Repuke doing unethical stuff involving personal gain?

That never happens :eyes:

[I Have A Dream]

23. Kick

:kick:

[corbett]

25. Kicking For The Truth!

http://www.johnkerry.com/action/20000

[donkeyotay]

26. Sooo, you're saying he's already lied to the Senate?

If this were a Democratic appointee that could be a problem.

[M_Demo_M]

29. He's slime... Kick

[BamaBecky]

30. kick

[bonito]

31. kick

[Senator]

32. kick - the bum out of his current job too!

[Starfury]

33. Hey, no stained dress, so what's the problem?

Thanks, recommended!

[donheld]

34. We must fight this nomination

We can't just give in to these fools.

[Democat]

35. This would make a perfect national television advertisement!

Democrats need to fight this nomination right now, not after the public has already made up their mind that he's a great judge.

Now is the time to fight and start running ads.

Republicans would not be waiting until later to attack a liberal judge!

[BattyDem]

37. Lying to Congress is a no-no

:P

[William Seger]

38. Unbelievable

... not.

[kestrel91316]

39. KICK

[burrowowl]

40. KICK! KICK!

[progressoid]

41. Ooooh, this could be fun. Two nominees go down in flames. Tee hee hee.

[Name removed]

42. Deleted message

Message removed by moderator. Click here to review the message board rules.

[Disturbed]

43. This guy fits right in to the Bush Crime Cabal.

He has no ethics.

[wishlist]

44. Unethical conflicts of interest by Scalia, Frist are acceptable to Repubs

It is standard operating procedure for the arrogant Republicans in power to dismiss and downplay their serious conflicts of interest and lying.

[Shallah Kali]

45. According to the GOP only Dems commit crimes - they are unfairly persecute

:puke:

[Name removed]

60. Deleted message

Message removed by moderator. Click here to review the message board rules.

[SalmonChantedEvening]

46. Ray Guy/Reggie Roby type PUNT!!!

:kick:

[swwallace81]

47. Harriett Miers is looking better and better

Harriett Miers is looking better and better. Maybe the unknown is better than the rightie we knew would be put up next. I feel like I've been played.

[newyawker99]

64. Hi swwallace81!!

Welcome to DU!! :toast:

[burythehatchet]

48. you mean no grand slam home run for the

fundies with the bunched up undies.

[Nikki Stone 1]

49. kick

:kick:

[Lilith Velkor]

51. Mother fucker...

Kick!

[Gruenemann]

52. kick

[ClintonTyree]

53. Is there one honest Republican left in the world?

Seriously, everyone of these scum sucking pigs has some illegal baggage attached to them. Is the entire party inherently evil or is it an acquired characteristic? Does the mere act of registering as a Republican kick in some hidden, long forgotten line of genetic code that immediately causes these people to turn into rotten, no good mother fuckers? :shrug:
I think this calls for some scientific investigation. Perhaps Dr. Frist would be so kind as to donate his brain, which obviously is not currently being used, to further this study. Cats everywhere would back this measure 100% I would imagine.

[ClickClack]

54. HYP CR C -- You cannot spell HYPOCRITICAL....

...without the letters A-L-I-T-O.

[Norquist Nemesis]

55. GGOD ONE!!! n/t

[newyawker99]

65. Hi ClickClack!!

Welcome to DU!! :toast:

[Selteri]

56. Bush musht be his hero

He Flips for the Senate saying he'll act ethically
then he flops when he's confronted with the actual situation discussed.

[leesa]

58. Sounds like a perfect Republican candidate to me! Quit criminalizing

RW crimes, will ya?

[bostonbabs]

59. Am I dreaming or is it...

very conceivable that by the time Alito's "confirmation hearing" is seated that the Democrats will have figured out how to exploit this "more of the same Rethuglican" for what he is just like the on going investigations of Abramoff, Ney, DeLay, Frist, Sarafien, Libby maybe Rove.....and the barking investigation of our 19% approval rated Cheney...and the new today Zogby poll that says that 51% of the populace say they could "think" impeachment....51% according to the "Rethugs" is a mandate.

I hope the Democrats will make this "hearing" work to their advantage, because a whole lot of people will be listening......Why has Bush chosen yet another "crony" with poor credentials??
I remember the media frenzy over Anita Hill.....fun...fun...fun....??

[Czolgosz]

61. From your lips to God's ears. . .

[lonestarnot]

62. Holy cow! Another shit stain and another turd to hang on the "C" Tree

[Czolgosz]

63. I wish this story was getting more mainstream media play