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Sherman writes: "Chief Justice John Roberts is referring ethics complaints against new Supreme Court Justice Brett Kavanaugh to federal judges in Colorado and neighboring states. The complaints deal with statements Kavanaugh made during his confirmation hearings. They were filed originally with Kavanaugh's old court, the U.S. Court of Appeals for the District of Columbia Circuit."

Chief Justice John Roberts. (photo: Getty)
Chief Justice John Roberts. (photo: Getty)


John Roberts Requests Judicial Review of Kavanaugh's Senate Testimony

By Mark Sherman, Associated Press

11 October 18

 

A major concern with the investigation highlighted in this piece is that it could effectively sanitize the appointment of Justice Kavanaugh if the court finds no wrong doing. We should recall that this review is being done without the thousands of documents requested by the Democrats from Kavanaugh's time in the Bush White House, which Democrats claim demonstrate that Kavanaugh committed perjury. Furthermore, this investigation could potentially immunize him from further examination and even undermine subsequent investigations by other investigative bodies, such as the House Judiciary Committee, which could review his conduct in a more objective light. -PAUL/RSN


hief Justice John Roberts is referring ethics complaints against new Supreme Court Justice Brett Kavanaugh to federal judges in Colorado and neighboring states.

The complaints deal with statements Kavanaugh made during his confirmation hearings. They were filed originally with Kavanaugh’s old court, the U.S. Court of Appeals for the District of Columbia Circuit.

Roberts took no action on them while Kavanaugh’s nomination was pending. He received the first three of 15 eventual complaints on Sept. 20, a week before Kavanaugh’s angry denial of a sexual assault allegation by Christine Blasey Ford.

It’s possible the complaints will never be investigated if the lower-court judges determine they have no jurisdiction over a Supreme Court justice under the judiciary’s ethics rules. The judges may be forced to conclude “that intervening events have rendered the allegations moot or make remedial action impossible,” said Arthur Hellman, an ethics professor at the University of Pittsburgh.

Another ethicist, Stephen Gillers of New York University, disagreed that the complaints are moot. Kavanaugh remains a federal judge and the complaints “allege misconduct that occurred while Kavanaugh was on the D.C. Circuit and subject to the Code of Conduct for U.S. Judges. Any violation of the Code does not disappear because he is now on another federal court,” Gillers said in an email.

But Gillers said the complaints “may be found not to be meritorious in the end.”

The judiciary’s rules allow members of the public to lodge complaints about federal judges. They typically are dealt with by experienced judges in the courthouse or region where a judge serves. Judges who receive complaints have a range of options that include dismissing them out of hand, having local judges investigate them or asking Roberts, in his capacity as head of the federal judiciary, to assign the complaints to judges in a different part of the country.

Roberts assigned the complaints to the ethics council of the Denver-based 10th U.S. Circuit Court of Appeals to deal with the complaints, according to a letter posted Wednesday on the D.C. Circuit’s website.

The first public word of the complaints came Saturday when D.C. Circuit Judge Karen Henderson acknowledged that complaints about Kavanaugh had been filed. They only “seek investigations ... of the public statements he has made as a nominee to the Supreme Court,” Henderson said in a statement. Details of the complaints have not been made public.

Merrick Garland, the chief judge of the D.C. Circuit, typically deals with ethics complaints, but he apparently stepped aside from complaints against Kavanaugh. Garland had been nominated to the Supreme Court by President Barack Obama, but Senate Republicans never acted on the nomination.

Roberts’ letter was sent to Judge Timothy Tymkovich, the 10th Circuit’s chief judge. Tymkovich was on President Donald Trump’s list of possible Supreme Court nominees.

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+9 # elizabethblock 2018-10-11 09:05
Yeow!
 
 
+43 # opinionaire 2018-10-11 10:14
The belated actions by Roberts are too little too late, and appear to have been undertaken as a CYA action, rather than to resolve what was clearly an out-of-bounds rant by Kavanaugh.
 
 
+5 # wrknight 2018-10-11 12:00
Maybe. Maybe not. Wait and see.
 
 
+9 # John Cosmo 2018-10-11 18:16
Not just CYA, but also "pass-the-buck. "
 
 
+19 # tedrey 2018-10-11 11:17
Merrick Garland remains the model of judicial integrity.
 
 
+11 # suzyskier 2018-10-11 12:22
Nothing will change, the Republican/ fascists won’t allow it.
 
 
+12 # indian weaving 2018-10-11 12:23
No one has done more to destroy American democracy than John Roberts and his sell-out to the big money with Citizens United. If anyone deserves execution for treason, John Roberts must be first in line.
 
 
+29 # laborequalswealth 2018-10-11 12:33
Garland steps aside because of the possibility of perceived bias. THAT is what a REAL judge does. A FRAUDLENT judge snears and chuckles at getting away with his fraud.

Gorsuch and Kavanaugh were rammed through after the GOP displayed utter disregard for the Constitution by refuse to engage in their assigned role to give "advise and consent" on the Garland nomination.

These guys claim to worship the Founding Fathers, many of whom were lawyers. Au contraire. They would be APPALLED.
 
 
+13 # futhark 2018-10-11 15:31
Unfortunately, the investigation for which Chief Justice Roberts seems to be calling may be more of a whitewash job than anything else. Instead of a real investigation we may be getting a facsimile. The Neocons and Trumplicans seem to be the masters of giving their actions some similitude of disinterest, all the while secretly undermining the foundations of the Republic and our civic and political liberties. Their true masters are big money interests, to which they are slavishly devoted.
 
 
+19 # lorenbliss 2018-10-11 12:53
The last sentence of this AP report tells us all we need to know: "Judge Timothy Tymkovich... was on President Donald Trump’s list of possible Supreme Court nominees."

In other words, Tymkovich is another of the ChristoNazis who intends to replace the constitution with biblical law.

Which means he's a religious fanatic – as the Trump-Pence Regime has already proven it will never appoint any other sort to any office.

It also means he is firmly committed to imposing Christian theocracy on the nation -- which includes the misogynistic principle that rape is ok as a means of terrifying women back into total submission.

In turn this means that Kavanaugh will unquestionably be exonerated – no doubt with some reference to “the will of god” – for in the ChristoNazi formulation, their Divine Sadist is also the Divine Fuehrer and the Divine Rapist.

Which then means – as I have been saying all along – Kavanaugh and the ChristoNazi dictatorship is essentially forever – until we're either an extinct species on a dead planet or Capitalism is permanently toppled by revolution.

What's abnormal about the story is it's the first time I've ever seen AP bury their lead -- and I've been reading wire-service dispatches since 1956, my 16th year.

Such is Nazi-style censorship: the fear that fuels it operates even when its not officially enforced.
 
 
+13 # kath 2018-10-11 14:16
And will this investigation be limited to things Republican justices want to know and have a one-week timetable?
 
 
+16 # Blackjack 2018-10-11 14:27
Want to guess how this will turn out? Another cover-up with "Trumped up" justification for Kavanaugh and his safe seat with the Supremes. It's really a sad state of affairs when we can no longer have confidence in the impartiality of the highest court in the land.
 
 
+2 # jackdresser 2018-10-11 23:28
Kavanaugh also served under Ken Starr's investigation of Clinton and ruled Vince Foster's death a suicide in the grand jury over which he presided, disregarding evidence that Foster's death was not self-inflicted. (This avoided a homicide investigation that would have gone to motive, potentially involving Foster's role in CIA cocaine smuggling into Arkansas during Iran/Contra.)
 
 
+3 # chapdrum 2018-10-12 11:35
Trump's been in office less than two years, and has already placed two "justices" on the Supreme Court. If only the Democrats in Congress were even half as successful as the (now-seditious) Congressional Republicans.
 
 
+1 # kasta626 2018-10-13 06:08
Read Or look at Wzorek v City of Chicago to learn how the average citizen gets cheated in the corrupt court system and what to do about it. The first crime is perjury by the esquires. This is widespread systemic court Corruption.
 

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