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Wed Oct 10, 2018, 03:53 PM

Roberts refers judicial misconduct complaints against Kavanaugh to federal appeals court in Colorado

Source: Washington Post

Public Safety

Roberts refers judicial misconduct complaints against Kavanaugh to federal appeals court in Colorado

By Ann E. Marimow and Tom Hamburger
October 10 at 4:36 PM

Chief Justice John G. Roberts Jr. on Wednesday referred more than a dozen judicial misconduct complaints filed recently against Brett M. Kavanaugh to a federal appeals court in Colorado. ... The 15 complaints, related to statements Kavanaugh made during his Senate confirmation hearings, were initially filed with the federal appeals court in Washington, where Kavanaugh served for the last 12 years before his confirmation Saturday to the Supreme Court.

A judge on the federal appeals court in Washington had asked Roberts to refer the filings to another appeals court for review after determining that they should not be handled by Kavanaugh's fellow judges at the time on the U.S. Court of Appeals for the D.C. Circuit. ... In a letter Wednesday to the U.S. Court of Appeals for the 10th Circuit, Roberts said he had selected the court in Colorado to "accept the transfer and to exercise the powers of a judicial council with respect to the identified complaints and any pending or new complaints relating to the same subject matter."

The Denver-based appeals court is led by Chief Judge Timothy M. Tymkovich, the former solicitor general of Colorado who was nominated to the bench by President George W. Bush. The 10th Circuit handled another recent judicial misconduct case from Washington involving the former chief judge of the District Court.

It is unclear what will come of the review by the 10th Circuit. The judiciary's rules on misconduct do not apply to Supreme Court justices. The 10th Circuit will likely decide to dismiss the complaints as moot now that Kavanaugh has joined the high court. ... "There is nothing that a judicial council could do at this point," said Arthur D. Hellman, a law professor at the University of Pittsburgh and expert on the operation of federal courts.
....

Ann Marimow covers legal affairs for The Washington Post. She joined The Post in 2005 and has covered state government and politics in California, New Hampshire and Maryland. Follow https://twitter.com/amarimow

Tom Hamburger is an investigative reporter on the national desk of The Washington Post. He has covered the White House, Congress and regulatory agencies, with a focus on money and politics. Follow https://twitter.com/thamburger

Read more: https://www.washingtonpost.com/local/public-safety/roberts-refers-judicial-misconduct-complaints-against-kavanaugh-to-federal-appeals-court-in-colorado/2018/10/10/34298534-ccc3-11e8-a360-85875bac0b1f_story.html



First comment:


Jeanne Burch 5 minutes ago

So, a Supreme Court justice is LITERALLY above the law? There's nothing that can be done?

22 replies, 3069 views

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Always highlight: 10 newest replies | Replies posted after I mark a forum
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Arrow 22 replies Author Time Post
Reply Roberts refers judicial misconduct complaints against Kavanaugh to federal appeals court in Colorado (Original post)
mahatmakanejeeves Oct 10 OP
trixie2 Oct 10 #1
Mike Nelson Oct 10 #2
irresistable Oct 10 #3
at140 Oct 10 #4
cstanleytech Oct 10 #8
hlthe2b Oct 10 #5
red dog 1 Oct 10 #9
greymattermom Oct 10 #15
7962 Oct 10 #17
hlthe2b Oct 10 #20
True Blue American Oct 10 #6
Me. Oct 10 #7
red dog 1 Oct 10 #10
asiliveandbreathe Oct 10 #11
7962 Oct 10 #18
asiliveandbreathe Oct 10 #19
marble falls Oct 10 #12
ananda Oct 10 #13
TheBlackAdder Oct 10 #14
7962 Oct 10 #16
WheelWalker Oct 10 #21
world wide wally Oct 10 #22

Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 03:55 PM

1. Interesting!

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 03:56 PM

2. So, this is...

… good news? I heard the complaints were going to be dismissed...

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 03:58 PM

4. Can federal appeals court in Colorado impeach Kava-not?

if not what punishment can that court dole out if they find him guilty?

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Response to at140 (Reply #4)

Wed Oct 10, 2018, 04:16 PM

8. The only one that can impeach him is the Senate however that does not mean he enjoys immunity for

anything he does as he can still be arrested and sent to prison in the event he commits a crime just like everyone else and yes that means if he committed perjury to Congress he could be looking at going to prison.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 03:58 PM

5. Nothing will come of it unfortuately....

It is unclear what will come of the review by the 10th Circuit. The judiciary’s rules on misconduct do not apply to Supreme Court justices. The 10th Circuit will likely decide to dismiss the complaints as moot now that Kavanaugh has joined the high court.

“There is nothing that a judicial council could do at this point,” said Arthur D. Hellman, a law professor at the University of Pittsburgh and expert on the operation of federal courts.

The 10th Circuit will likely close the case “because it is no longer within their jurisdiction,” now that Kavanaugh has been elevated to the Supreme Court, he added.

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Response to hlthe2b (Reply #5)

Wed Oct 10, 2018, 04:19 PM

9. + 1

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Response to hlthe2b (Reply #5)

Wed Oct 10, 2018, 05:27 PM

15. But he wasn't a Supreme court justice when he did the misconduct.

To me that's like saying you can't be prosecuted for stealing if you pay the money back.

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Response to greymattermom (Reply #15)

Wed Oct 10, 2018, 05:35 PM

17. Its not even an accusation of any misconduct. Its just whining.

 

from the article:
“the complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge."

Its silly and I'm really getting concerned about how ridiculous our side is getting with stuff like this. I'd bet the GOP will just LOVE to bring this up.

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Response to greymattermom (Reply #15)

Wed Oct 10, 2018, 06:00 PM

20. Obviously so... but there is no oversight of the SCOTUS so he will get a free pass unless impeached.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 03:59 PM

6. How nice!

After Kavanaugh was seated. Roberts has been sitting on those cases for weeks.

And you can bet that Judge will do his bidding.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 04:01 PM

7. Hadn't Roberts Been Holding These Back?

Then it became news. He'll find, going forward that he'll have to be like Caesar's wife. Now that BK is on the court many will be watching.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 04:19 PM

10. See reply # 5

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 04:34 PM

11. Judicial misconduct complaints - Roberts sat on...

Kavanaugh violated Canons 1 and 2 of Code of Judicial Conduct by committing crimes of dishonesty while he was a federal judge, by obtaining confirmation of his appointment as a federal judge by false and perjurious testimony, by concealing and covering up his criminal actions and by obstructing justice.

10th District...just so happens to have a new Judge appointed by the pos and confirmed May 2018... Honorable Joel M. Carson to the Court...an Energy guy.....

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Response to asiliveandbreathe (Reply #11)

Wed Oct 10, 2018, 05:38 PM

18. "the complaints do not pertain to any conduct in which Judge Kavanaugh engaged as a judge."

 

per the article

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Response to 7962 (Reply #18)

Wed Oct 10, 2018, 05:52 PM

19. So he wasn't a judge during his dishonest testimony...thus the referral request..oh, and

judicial temperament.....seems Roberts was given the complaint..and thus his responsibility to refer to a judicial committee - which he did..to the 10th circuit

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 04:44 PM

12. We live in interesting times. Who'd even think it would happen that a newly confirmed ...

Associate Justice to the SCOTUS is having complaints against redirected by the Chief Justice to another jurisdiction for possible adjudication?

Interesting times. Can't wait for the next Mueller shoe to fall.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 05:04 PM

13. What the fuck!

I wish I understood what this means!

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Response to ananda (Reply #13)

Wed Oct 10, 2018, 05:16 PM

14. Roberts sat on them for weeks, after Kav is confirmed send them to GOP court who will dismiss them.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 05:29 PM

16. I'm sorry but this is a waste of time and just MORE ammo for the RW freaks.

 

The ads write themselves.
Everyone jump on the shit train! But hey, to each their own. Its a free country. Still.

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 06:51 PM

21. That is affectionately known in the profession as a "turd toss".

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Response to mahatmakanejeeves (Original post)

Wed Oct 10, 2018, 08:04 PM

22. Those non voters who said there was no difference between Trump and Hillary were sure insightful.

Fucking idiots

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