So a Federal Judge who was appointed by Bush doesn't have to...

FormerRepublican

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Wed Mar-01-06 03:24 PM
Original message

So a Federal Judge who was appointed by Bush doesn't have to...

...recuse himself from a case involving an issue Bush has vowed to slam through and veto any opposing legislation? Isn't that an ethical violation and/or a conflict of interest?

This is related to U.S. District Judge Jose Linares, who is hearing the New Jersey ports case...

Yahoo Link

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sui generis

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Wed Mar-01-06 03:25 PM
Response to Original message

1. well you racist recusing himself would be legislating from the bench

and giving aid and comfort to the enemy. Why do you hate Murka?

}(

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MadMaddie

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Wed Mar-01-06 03:25 PM
Response to Original message

2. Thank you for posting this...

I couldn't find any information on this judges political affiiliation....so he was appointed by *....that explains everything....

Absolute conflict of interest....

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Norquist Nemesis

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Wed Mar-01-06 03:25 PM
Response to Original message

3. Here's hoping the media call him "Bush Appointee Linares"

but that would be too much to ask for.

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FormerRepublican

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Wed Mar-01-06 03:27 PM
Response to Reply #3

4. Email Olberman and Dobbs...

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Norquist Nemesis

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Wed Mar-01-06 03:29 PM
Response to Reply #4

5. my email's down at present

messed up somehow and kicks everything back at me.

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converted_democrat

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Wed Mar-01-06 04:26 PM
Response to Reply #4

10. Doing it now..n/t

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RufusEarl

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Wed Mar-01-06 03:47 PM
Response to Original message

6. I sent emails to both.

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FormerRepublican

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Wed Mar-01-06 03:52 PM
Response to Reply #6

7. So did I...

;)

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RufusEarl

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Wed Mar-01-06 04:22 PM
Response to Reply #7

8. Good, maybe they'll get the story!

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Norquist Nemesis

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Wed Mar-01-06 04:26 PM
Response to Reply #7

9. Thank you!

:hi:

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Burning Water

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Wed Mar-01-06 04:37 PM
Response to Original message

11. I don't know.

Edited on Wed Mar-01-06 04:38 PM by Burning Water

Why wouldn't a Democrat then have to recuse himself because the Dems are opposed to the case??

Judges are supposed to put partisan differences aside when deciding cases (giggle). But anyway, they're appointed to decide these cases. Unless the judge had some substantial personal involvement in the case, himself, I don't see why he should be expected recuse himself.

We're going to have to win elections, not expect the Republicans to take our side just to be "fair".

Clark's da man.

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FormerRepublican

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Wed Mar-01-06 04:47 PM
Response to Reply #11

13. The point is the Judge is beholding to Bush, who happens to be...

...involved in this case. That has ethical and conflict of interest implications.

For example, I can't serve on a jury when I know one of the defendants, and especially not if one of the defendants did favors for me in the past. If I did, there would be grounds for a mistrial (or appeal) because I could not be impartial in the case. The same ethical considerations apply to the Judge.

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Burning Water

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Wed Mar-01-06 05:08 PM
Response to Reply #13

15. I don't really think so.

That could apply to any governmental action before a court. I admit it seems maybe unfair, but I think we have to take the judges we get. If it is unethical, and I could be wrong, couldn't the injured party appeal on that basis?

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FormerRepublican

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Wed Mar-01-06 05:12 PM
Response to Reply #15

16. Is Bush directly involved in any government action before a court?

Edited on Wed Mar-01-06 05:14 PM by FormerRepublican

No. This is one of the very few government cases where Bush IS directly involved, and has made his position crystal clear. With ethical issues, the APPEARANCE of conflict of interest is the standard. The reason why is the very debate we're having right now - it makes the Judge appear to be crooked and untrustworthy in ruling over cases. It undermines public confidence in the justice system, and brings into question the constitutional right to a fair trial.

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Burning Water

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Wed Mar-01-06 08:06 PM
Response to Reply #16

17. OK, I disagree but

doubtless we will both be straightened out by a higher court, or not.

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rinsd

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Wed Mar-01-06 04:44 PM
Response to Original message

12. So would a federal judge appointed by Clinton...

...also have to recuse themselves because its the Democrats that are the driving force behind New Jersey's suit?

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FormerRepublican

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Wed Mar-01-06 04:51 PM
Response to Reply #12

14. If Clinton were the decider in the case, as Bush is here, then yes.

As I recall, Clinton isn't out there threatening a veto and intimidating everyone who disagrees...

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