Posted on 01/17/2006 2:20:50 PM PST by Aussie Dasher
The American Bar Associationa liberal organizationconducted an extensive investigation of Judge Samuel Alitos career as a lawyer and judge and unanimously gave him its highest rating of well qualified to serve on the U.S. Supreme Court.
The ABA interviewed 300 people, including 130 federal judges and numerous lawyers who had argued both winning and losing cases in Alitos court. It also examined the purported controversies about Alitos failure to recuse himself from a case involving the Vanguard company, which managed mutual funds he owned shares in (see Sen. Orrin Hatchs piece on the cover), and his membership in the defunct Concerned Alumni of Princeton, which Alito mentioned in a 1985 Justice Department job application.
Taking into full consideration both the Vanguard case and, as the ABA put it, Alitos membership in a group that was perceived in the media to have been formed to exclude diversity on the Princeton campus, the ABA determined that Alito had demonstrated the highest standards of integrity.
Concerns have been raised and reviewed in detail, said the ABAs report to the Senate Judiciary Committee. None of those concerns rises to the level that overrides what the nominee has demonstrated in a decade and a half of public service on the federal bench. To the contrary, Judge Alitos integrity, professional competence, and judicial temperament are of the highest standing.
Nonetheless, Sen. Ted Kennedy (D.-Mass.) used much of his time during the hearings to badger Judge Alito on the Vanguard case and his membership in CAP, suggesting the judge was somehow unethical or bigoted.
HUMAN EVENTS Assistant Editor Amanda Carpenter caught up with Senate Judiciary Committee members and Rep. Trent Franks (R.-Ariz.), who was on the Hill watching the hearings ufold, to ask if they thought Kennedy had higher ethical standards than the ABA.
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Do you think that Democratic senators, especially Sen. Kennedy, have a right to require a higher standard of integrity than the ABA?
SEN. SAM BROWNBACK (R.-KAN.): No, in a short answer. No. 2, I dont think hes even considered the ABAs review of ethical and integrity issues. Again, its going after character assassination, which is inappropriate, and Im sure for a guy like Alito who is pretty shy and is deeply concerned about his integrity, this is a disconcerting line of questioning. Hes tried to maintain not just an integrity thats required, but more than what is required, and I think its an unfortunate line of questioning.
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The ABA reviewed the Vanguard case and CAP extensively, and yet weve seen Sen. Kennedy push it continually. Do you think he has a higher ethical standard than the ABA?
SEN. DIANNE FEINSTEIN (D.-CALIF.): Thats not the issue. The issue is that there are some papers that are in the congressional library that Sen. Kennedy wants to see, and I think everybody should have the right to have access to whatever it is they need. [Editors Note: Shortly after Sen. Feinstein made these remarks, former National Review Publisher Bill Rusher, who was a founder of CAP, agreed to a request from the committee to review the CAP papers, which are under Rushers control, but are deposited in the Library of Congress. Committee staff combed through the papers. The next day, Judiciary Chairman Arlen Specter (R.-Pa.) announced: The files contain dozens of articles, including investigative exposes written at the height of the organizations prominence, but Sam Alitos name is nowhere to be found in any of them.]
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The ABA has reviewed the Vanguard case, and they concluded Alito is a man of excellent integrity. Yet, Sen. Kennedy is pushing it continually. Do you think he has a higher ethical standard than the ABA?
REP. TRENT FRANKS (R.-ARIZ.): I dont think any comment I could make would really change peoples comparisons. I think thats one I feel really safe in leaving in the minds of people. Ironically, from what I understand of his membership, the primary reason for his involvement was because of ROTC. To suggest that this man is somehow racist, that goes to attack someones heart, and thats probably the greatest disappointment I have in politics.
Unfortunately, its not become a debate between two perspectives of the truth. Its become a debate between those who have some respect for the truth and those who are simply unrestrained by it entirely. Thats a sad thing. It really is a genuine disappointment because it speaks ill of the government. Nobody knows exactly all the truth, but at least that should be our common goal: to arrive at what is true and what is good because to somehow pretend that the truth doesnt exist and that it is indeed not relevant is to send us all into a philosophical twilight zone.
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Do you believe that other senators, such as Sen. Kennedy, have the right to implement a higher standard of integrity than the ABA?
SEN. LINDSEY GRAHAM (R.-S.C.): I think that a senator can do almost anythingand thats what makes us dangerous.
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Sen. Kennedy is pushing this Vanguard case? Do you think he has a higher ethical standard than the ABA?
SEN. ORRIN HATCH (R.-UTAH): Who, Sen. Kennedy?
Mmmhmm.
HATCH: Well Im sure, Im sure he thinks he does. Ill leave it at that.
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Sen. Kennedy.
SEN. TEDDY KENNEDY (D.-MASS.): Im going the other way.
I wanted to get a reaction from you
KENNEDY: Ive done what Im going to do in there.
Now, the ABA has reviewed these cases extensively, are you wanting a higher ethical standard
KENNEDY: The, this is, is were going to have to, Im just done. Ive answered questions in here. Im getting, go ahead and give her [gestures to an aide who steps in] an answer.
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Now, the ABA, we all know, has reviewed these records extensively with CAP and Vanguard which he [Kennedy] is pushing. Does he want a higher standard than the ABA?
KENNEDY AIDE: The ABA, hes addressed that and youre saying the ABA has reviewed the Rusher documents?
Well, many of the documents. Can you explain to me why thats not a good enough standard?
KENNEDY AIDE: The ABA looks at different things, not up to standards. This is the highest bar possible for the United States Supreme Court.
Ok. Whats your name?
KENNEDY AIDE: Im not supposed to be quoted.
Youre his press person, youre going to answer statements and youre not going to be quoted?
KENNEDY AIDE: I can point you to where he addressed that
Can I quote you as an aide?
KENNEDY AIDE: Sure.
Ok.
KENNEDY AIDE: Who do you work for?
HUMAN EVENTS.
KENNEDY AIDE: Thats what I thought. Okay.
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The ABA has reviewed the Vanguard case and concluded that Judge Alito has excellent integrity. Yet, Sen. Kennedy continues to press this issue. Do you think that he has a higher standard, ethical standard than the ABA?
SEN. JON KYL (R.-ARIZ.): I like the way you put the question. No. In a word. This whole Vanguard case is a phony, phony issue. What Kennedy said is: What is the proper period of time? Almost all judges who go onto the court have been practicing law somewhere. They will almost always for a period of time, and theres no set rule for how long it is, not hear cases that come before them from their friends, for example, or from their old law firm and so forth, or their old clients. After awhile, after theyve been on the court, for usually a matter of years, they will relax that rule because its not fair to their colleagues to always recuse themselves from cases and its not fair as the personnel of law firms change and so on. So they gradually begin hearing cases that may even involve their old clients. But its after theyve been on the court and have clearly severed their ties that they had in the practice of law.
In regards to financial matters however, theres never any time period, and the judge was very careful to make the point he was not using that time period with respect to Vanguard. It was irrelevant. [His involvement in the case] did not involve any kind of unethical behavior as the American Bar Association agreed. But out of an abundance of caution, when the people in the case wanted him recused anyway, he said, OK. And the case came out the same way anyway. So, it is literally a matter that is being misportrayed in the questioning by Sen. Kennedy in my opinion.
Don't knock the worthless old arse. He and his ilk may be the solution to our natural gas shortage. They have plenty but it is worthless now.
NO!. Does LardAss have a law license? Has he argued any case in any court other than his out-of-court settlement of the murder of MJK?
Has Ted Kennedy attached a flotation device for his car? Hope that answers your question...
So articulate...
No
Thanks for the post, it's a great read
Law License? I'd like to see who signed off on his driver's license!
Go Teddy Go!
Very, very telling.
The quotes from Kennedy are hilarious.
The interview with Teddy and his aide is killing.
Someone here the other day said that the reason Kennedy made such a fool of himself is that he is such a drunken sot he can't get anyone competent to work for him any more. So the people who write up his little speeches and questions are incompetent.
This interview seems to confirm the point.
Why am I not surprised that Kennedys aid is a woman and she is under the requirement of not being quoted?
Yes, he keeps them in a pea pod.
One pod.
Kennedy is about even with Stalin.
My tagline speaks for itself...
Teddy is a flotation device.
And they make fun of Bush's verbal acuity?
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