I recently made a blog post about the disgusting tactic aimed to derail a high-office appointment of a candidate because of the candidate's history of being a criminal defense attorney and representing an "unpopular" client.
The tactic actually worked in derailing President Obama's choice to nominate a worthy candidate #JudgeJaneKelly and instead to nominate a white male with no history of criminal defense Judge Merrick Garland, against whom a disciplinary complaint/letter was recently filed, and the complainant seeks to testify at Judge Garland's confirmation hearing, if that hearing ever happens.
The letter, addressed to Judge Garland, contains a phrase: "As chief judge, you have fostered a culture of corruption in the E. Barrett
Prettyman Courthouse".
We truly needed to reject nomination of an honest criminal defender to instead put on the U.S. Supreme Court another corrupt judge, who is "strongly deferential" to "big government" power.
Being "strongly deferential" (in other words, biased) in favor of the government, the government that appears in front of Judge Garland in civil rights cases in the federal D.C. Circuit of Columbia Court, as a defendant - is, obviously, a good qualification for advancement to the top positions in the U.S. Government.
Being an honest criminal defense attorney opposing efforts of the government to accuse, often falsely, often on false evidence, individuals and put them through the hell of the American criminal "justice" system is, instead, a disqualification from a high governmental office in the U.S.
Since the tactic worked with #JudgeJaneKelly and, previously, against President Obama's nominee Debo P. Agebile who was not confirmed for the position of the Director of the Division of Civil Rights in the U.S. Justice Department because of his successful motions on behalf of an unpopular criminal defendant. In other words, Mr. Agebile was, allegedly, a bad candidate for public office because he was a good criminal defense attorney and civil rights attorney who took his job seriously - the tactic is now used against presidential candidate Hillary Clinton.
While being no fan of Hillary Clinton for the position of President of the United States, as a dispassionate observer of the circus that the presidential campaign has become, I can state that the use against Mrs. Clinton of the fact that she represented - as an assigned counsel - in 1975, a person accused of child rape, indicates that her opponents are getting desperate.
The attack also shows that people have no understanding of the concept of presumption of innocence, claiming that she represented "a child rapist".
No, she represented a person who was presumed innocent, and was accused of child rape.
Even when attorneys represent people convicted of most heinous crimes, even conviction in this country - with rampant judicial and prosecutorial corrutpion and now-frequent exoneration, some of them from death row, many of them because of prosecutorial misconduct - even a conviction is not conclusive proof that that particular person committed a crime.
An innocent person facing death penalty will most likely falsely confess to save his/her life.
95% or more of criminal cases are "resolved" in this country through plea bargains, where often innocent people accept the lesser of two evils.
To blame an attorney to try to defend people in such situations - especially when such an attorney, like in Mrs. Clinton's case in 1975 - was court-appointed, is to put constitutional law of this country on its head.
And - once again, before casting such allegations, opponent of Mrs. Clinton should think whether they look as they looked when they used this little smear tactic against her - desperate.
THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.
“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).
“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.
It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.
" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.
"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.
“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.
Wednesday, April 6, 2016
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