[Peace-discuss] Still Hijacking Justice:Feddies, , White House cooperation on judges paying benefits - The Washington Post

Sun Nov 19 23:09:15 UTC 2017

Former federal Judge Lawrence Walsh puts it more bluntly.

"The impression I have is they are trying to return to the 18th century and undo the work of the Supreme Court since the New Deal," Walsh says. "And I think it is wrong to put someone on the court who has a pre-commitment with a political dogma, whether it's the Ku Klux Klan or the Federalist Society."

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

From: Boyle, Francis A
Sent: Sunday, November 19, 2017 4:46 PM
To: 'David Green' <davegreen84 at yahoo.com>; Miller, Joseph Thomas <jtmiller at illinois.edu>; 'sherwoodross10 at gmail.com' <sherwoodross10 at gmail.com>; 'peace-discuss at anti-war.net' <peace-discuss at anti-war.net>; 'C. G. ESTABROOK' <carl at newsfromneptune.com>; 'a-fields at uiuc.edu' <a-fields at uiuc.edu>; 'Joe Lauria' <joelauria at gmail.com>; 'Peace-discuss at lists.chambana.net' <Peace-discuss at lists.chambana.net>; 'peace-discuss-request at lists.chambana.net' <peace-discuss-request at lists.chambana.net>; Szoke, Ron <r-szoke at illinois.edu>; 'Arlene Hickory' <a23h23 at yahoo.com>; 'Karen Aram' <karenaram at hotmail.com>; 'abass10 at gmail.com' <abass10 at gmail.com>; 'mickalideh at gmail.com' <mickalideh at gmail.com>; 'Lina Thorne' <lina at worldcantwait.net>; 'chicago at worldcantwait.net' <chicago at worldcantwait.net>; 'Jay' <futureup2us at gmail.com>; 'David Johnson' <davidjohnson1451 at comcast.net>; 'Mildred O'brien' <moboct1 at aim.com>; 'C G Estabrook' <cgestabrook at gmail.com>
Subject: RE: Still Hijacking Justice:Feddies,, White House cooperation on judges paying benefits - The Washington Post

From Iran-contra Independent Counsel Lawrence Walsh, Firewall:

According to the conventional wisdom, we were in a double bind: The judges appointed by Democratic presidents were supposedly most concerned with protecting the constitutional rights of persons prosecuted for crimes, while most of the other judges owed their appointments to Ronald Reagan or George Bush, who had stated publicly and emphatically that they hoped that North would not be convicted.

            Over the years, I had often found such simplistic views to be wrong.  Most judges overcome the prejudices and alliances they had when appointed to the federal bench.  During my three and one-half years on the federal district court in New York, I had experienced the merging process by which new judges are absorbed into their courts.  My hard-line political and professional views had moderated during lunchroom conversations with Learned Hand, Jerome Frank, and Harold Medina and had dissolved after a couple of my decisions had been reversed on appeal.

            But I was concerned about the continuing political allegiance of Republican judges as manifested in the Federalist Society.  Although the organization was not openly partisan, its dogma was political.  It reminded me of the communist front groups of the 1940s and l950s, whose members were committed to the communist cause and subject to communist direction but were not card-carrying members of the Communist Party.  In calling for the narrow construction of constitutional grants of governmental power, the Federalist Society seemed to speak for right-wing Republicans.  I was especially troubled that one of White House Counsel Boyden Gray's assistants had openly declared that no one who was not a member of the Federalist Society had received a judicial appointment from President Bush.

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

From: Boyle, Francis A
Sent: Sunday, November 19, 2017 3:28 PM
To: 'David Green' <davegreen84 at yahoo.com<mailto:davegreen84 at yahoo.com>>; Miller, Joseph Thomas <jtmiller at illinois.edu<mailto:jtmiller at illinois.edu>>; 'sherwoodross10 at gmail.com' <sherwoodross10 at gmail.com<mailto:sherwoodross10 at gmail.com>>; 'peace-discuss at anti-war.net' <peace-discuss at anti-war.net<mailto:peace-discuss at anti-war.net>>; 'C. G. ESTABROOK' <carl at newsfromneptune.com<mailto:carl at newsfromneptune.com>>; 'a-fields at uiuc.edu' <a-fields at uiuc.edu<mailto:a-fields at uiuc.edu>>; 'Joe Lauria' <joelauria at gmail.com<mailto:joelauria at gmail.com>>; 'Peace-discuss at lists.chambana.net' <Peace-discuss at lists.chambana.net<mailto:Peace-discuss at lists.chambana.net>>; 'peace-discuss-request at lists.chambana.net' <peace-discuss-request at lists.chambana.net<mailto:peace-discuss-request at lists.chambana.net>>; Szoke, Ron <r-szoke at illinois.edu<mailto:r-szoke at illinois.edu>>; 'Arlene Hickory' <a23h23 at yahoo.com<mailto:a23h23 at yahoo.com>>; 'Karen Aram' <karenaram at hotmail.com<mailto:karenaram at hotmail.com>>; 'abass10 at gmail.com' <abass10 at gmail.com<mailto:abass10 at gmail.com>>; 'mickalideh at gmail.com' <mickalideh at gmail.com<mailto:mickalideh at gmail.com>>; 'Lina Thorne' <lina at worldcantwait.net<mailto:lina at worldcantwait.net>>; 'chicago at worldcantwait.net' <chicago at worldcantwait.net<mailto:chicago at worldcantwait.net>>; 'Jay' <futureup2us at gmail.com<mailto:futureup2us at gmail.com>>; 'David Johnson' <davidjohnson1451 at comcast.net<mailto:davidjohnson1451 at comcast.net>>; 'Mildred O'brien' <moboct1 at aim.com<mailto:moboct1 at aim.com>>; 'C G Estabrook' <cgestabrook at gmail.com<mailto:cgestabrook at gmail.com>>
Subject: FW: Still Hijacking Justice:Feddies,, White House cooperation on judges paying benefits - The Washington Post

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

From: Boyle, Francis A
Sent: Sunday, November 19, 2017 3:27 PM
To: sectns.aals at lists.aals.org<mailto:sectns.aals at lists.aals.org>
Subject: Still Hijacking Justice:Feddies,, White House cooperation on judges paying benefits - The Washington Post

This is so much baloney. Gorsuch was behind me at Harvard Law. Right after  graduation he went to get his D.Phil from John Finnes at Oxford. Finnes is considered to be the world’s leading expert on Catholic Natural Law Theory by Thomas Aquinas. Immediately upon ascent to the Supremes, Gorsuch votes to put 3-4 men to death. That’s Catholic Natural Law Hypocrisy for you. Fab.

Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign IL 61820 USA
217-333-7954 (phone)
217-244-1478 (fax)
(personal comments only)

Federalist Society, White House cooperation on judges paying benefits
By Robert Barnes<https://www.washingtonpost.com/people/robert-barnes/> November 18 at 10:07 PM   WASHINGTON POST
[https://img.washingtonpost.com/rf/image_1484w/2010-2019/WashingtonPost/2017/11/19/National-Politics/Images/Justice_Gorsuch_47798-3b82c.jpg?uuid=3PmVfsy-EeeqllRBdZLPcg]
Leonard Leo, the executive vice president of the Federalist Society, left, welcomes Supreme Court Associate Justice Neil M. Gorsuch for a speech at the Federalist Society's 2017 National Lawyers Convention in Washington, Thursday, Nov. 16, 2017. (Sait Serkan Gurbuz/AP)

-
The first time the Trump campaign talked with officials of The Federalist Society about judicial nominations, White House Counsel Donald F. McGahn II told the conservative legal group’s annual conclave Friday night, McGahn said the campaign was going to come up with two lists.
The first would be filled with the names of “mainstream” folks who would have no trouble winning confirmation. The second would be those considered “too hot for prime time . . . the kind of people who make some people nervous.”
The first list, McGahn joked, would be thrown in the trash.
The second “is who we’re going to put before the U.S. Senate because I know Leader McConnell is going to get it done,” McGahn said, referring to Senate Majority Leader Mitch McConnell (R-Ky.).
It was a prank, McGahn said later. But the reality is that the cooperation between President Trump, McConnell and The Federalist Society has paid dividends for the conservative legal movement.

McConnell refused to hold a Senate confirmation hearing for Judge Merrick Garland, President Barack Obama’s nominee to fill the seat of the late Justice Antonin Scalia. Ultimately, this kept the spot open for President Trump’s nominee, Neil M. Gorsuch, and fortified the court’s conservative majority.  More…….  https://www.washingtonpost.com/politics/courts_law/federalist-society-white-house-cooperation-on-judges-paying-benefits/2017/11/18/4b69b4da-cb20-11e7-8321-481fd63f174d_story.html?hpid=hp_hp-cards_hp-card-politics%3Ahomepage%2Fcard&utm_term=.964d087b4daf
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