"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).
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,
“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.
"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.
Monday, March 13, 2017
To Preet Bharara - good riddance
Preet Bharara also tweeted, comparing himself to the Moreland Commission that was disbanded by New York State Governor Andrew Cuomo when the Moreland Commission started to investigate Andrew Cuomo.
But wait, wasn't it Preet Bharara who investigated the disbanding of the Moreland Commission by Andrew Cuomo and found nothing wrong?
And, wasn't it Preet Bharara who testified in that same Moreland Commission, but refused to take calls or respond to inquiries of whistleblowers of judicial corruption - like Leon Koziol, as he describes in his blog, and like me - refusing to prosecute judicial corruption despite documentary evidence sent to him, and despite a clear demand (based on federal law) to turn judges involved in corruption to a federal grand jury?
And isn't the supposedly independent Preet Bharara, as it starts to appear now, the "Schumer boy", where Senator Schumer, Trump's opponent, handled negotiations with Trump about Bharara (Schumer's own former chief legislative counsel) remaining on the job - back in November of 2016?
By the way, Schumer was reportedly "caught off guard" and "extremely surprised and disappointed" by President Trump for firing Bharara.
And isn't being "the Schumer boy", and aspirations to run for the New York State Governor, and being in need of partisan support for such a run, prevented Bharara from prosecuting Cuomo for corruption - while he prosecuted the other 2 of the "three men in a room", and prosecuted everybody around Cuomo?
So, mourn, if you wish, the loss of the "fearless" and "independent" Bharara, a "patriotic American" and a "proud immigrant" (he knows which buttons to press in the current political climate).
I say - good riddance to yet another promiscuous politician.