Posted on 03/19/2004 10:03:39 AM PST by Nasty McPhilthy
Urge Senator Kennedy To Clear His Name
On November 14, 2003, the Wall Street Journal published an internal U.S. Senate memorandum dated April 17, 2002, written to Senator Edward Kennedy (D-MA) by one of his staff members. The memo details a request by Elaine R. Jones, President and Director-Counsel of the NAACP Legal Defense and Education Fund, to delay Senate action on all judicial nominees to the U.S. Court of Appeals for the 6th Circuit until the then-pending University of Michigan affirmative action cases were decided by that court. This request was anything but innocuous, as Ms. Jones was participating as Counsel in the University’s undergraduate case.
"The thinking is," according to the memo’s author, "that the current 6th Circuit will sustain the affirmative action program, but if a new judge … is confirmed before the case is decided, that new judge will be able … to review the case and vote on it." Despite questioning the propriety of delaying action on nominees "based on the resolution of a particular case," and fully aware "that the 6th Circuit is in dire need of new judges," two of Senator Kennedy’s staffers went on to recommend that a confirmation hearing be postponed on at least one nominee to that court, Judge Julia Smith Gibbons.
While it is clear that Ms. Jones crossed all ethical and professional boundaries when she made the request, Senator Kennedy has refused to discuss what actions he or anyone else took to fulfill Ms. Jones' request. All we do know is that Judge Gibbons was not confirmed until after the case was heard.
Please sign the petition below urging Senator Kennedy to clear his name in what appears to be a gross abuse of power to "obstruct justice" in one of the most important civil rights cases in more than 25 years.
Dear Senator Kennedy:
We, the undersigned, urge you to come clean with the facts, details and all relevant memoranda and correspondence regarding your actions resulting from the unethical request made by Ms. Elaine R. Jones, President and Director-Counsel of the NAACP Legal Defense and Education Fund, to delay action on all 6th Circuit judicial nominees until the then-pending University of Michigan affirmative action cases were decided by that court.
Ms. Jones’ request, detailed in an April 17, 2002, memorandum written to you by one of your staff members, resulted in a recommendation, also included in the memo, by two of your staff members to delay a confirmation hearing on at least one "uncontroversial" nominee to the 6th Circuit -- Judge Julia Smith Gibbons.
In the interest of restoring the public trust in your constitutional role as a United States Senator in the judicial confirmation process, we submit the following facts:
Elaine R. Jones was participating as Counsel in the then-pending case before the 6th Circuit representing the defendant-intervenors in support of the University’s undergraduate affirmative action admissions policy;
Elaine R. Jones, contacted your office requesting that you postpone action on all 6th Circuit nominees until the then-pending University of Michigan affirmative action cases had been decided by that court;
Based on Ms. Jones’ request, two of your staff members made a recommendation to postpone a confirmation hearing on at least one nominee to the 6th Circuit;
The very two staff members making the recommendation questioned the propriety "of scheduling hearings based on the outcome of a particular case;"
The very two staff members making the recommendation recognized that the "6th Circuit is in dire need of additional judges;"
The public trust regarding your ‘Advice and Consent’ role in the judicial confirmation process as a member of the United States Senate appears to have been violated;
The public has a right to know the details of any action you took as a result of the request by Ms. Jones and recommendation by members of your staff;
You have failed to speak publicly or provide any details to the public regarding this matter, despite ample opportunities; We respectfully request that you, Senator Kennedy, fulfill your obligation to the public to release all details and documents related to Elaine R. Jones and her request, as well as all details and documents related to all actions taken or contemplated as a result of the recommendation of your staff members, so that you may clear your name of any unethical or potentially illegal conduct you may have taken to stack the judicial deck in Ms. Jones’ favor in the most important civil rights cases in more than a generation.
Sincerely,
(Excerpt) Read more at cfif.org ...
Too late for that
He's too old and likely won't live as long as it would take.
Send them to the Senate Ethics Comittee, and demand an investigation.
So9
– Charles Pierce, January 5, Boston Globe Magazine
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