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Posted on 04/26/2022 3:23:38 PM PDT by lightman
WILLIAMSPORT – A federal judge has recommended dismissal of suits aimed at removing two conservative Republicans from the May primary ballot because of their efforts to overturn the election of President Joe Biden.
U.S. Middle District Magistrate Judge William I. Arbuckle on Tuesday refused to certify the suits Jeffrey D. Hill filed seeking to have Doug Mastriano and Scott Perry disqualified.
State Sen. Mastriano from Franklin County is running for governor and U.S. Rep. Perry is seeking his sixth term in Congress from the 10th District that includes parts of York, Cumberland, Dauphin and Perry counties.
“Today’s recommendation simply reinforces the fact that the radical left’s reprehensible, deceitful, and continual attempts to smear Congressman Perry have no basis in fact,” campaign spokesman Matthew E. Beynon said.
Mastriano’s campaign did not respond to a request for a comment.
Arbuckle also recommended denial of the motion of Dr. Calvin Clements to intervene in the Mastriano case.
The retired Palmyra veterinarian is seeking the Democrat nomination for the state Senate in the 48th District that includes Lebanon County.
His attorney, Rich Raiders, said Monday if the motion to intervene was denied he would file a separate action.
Hill, a Democrat from Muncy who filed the two complaints, has 14 days in which to object to Arbuckle’s recommendation. Judge Matthew W. Brann will make the final decision on whether the complaints will proceed.
Hill cites the 14th Amendment that prevents those who have engaged in an insurrection from holding public office as the basis why Mastriano and Perry should be disqualified.
The two complaints detail their alleged roles in the Jan. 6, 2021, insurrection at the Capitol in Washington and efforts to overturn the election results.
Arbuckle found Hill did not have standing to bring a quo warranto action because it can be sought only by the United States, not a private individual.
Quo warranto is a writ by which the government can call upon any person to show by what warrant he holds public office or exercises a public franchise.
The judge also concluded he did not have the authority to compel Mastriano or Perry to withdraw their nomination petitions.
In the absence of any federal issue, Arbuckle recommends Brann not accept Hill’s claim under state law.
He also recommends the cases be dismissed without leave to amend because such action would be futile.
Since Clements appears to assert a new legal claim in his motion to intervene, Arbuckle found consolidation would not streamline the adjudication of Hill’s claims.
Because of an order issued in February 2011 by Judge Yvette Kane, all civil filings by Hill must be approved by a magistrate judge before they can proceed.
He was initially sanctioned in 1996 by the late Judge James F. McClure Jr. after he had filed 42 pro-se lawsuits in eight years. Senator seeking GOP governor nomination issued 1/6 subpoena
Sen. Doug Mastriano, R-Franklin, arrives Feb. 8, 2022, for Gov. Tom Wolf's budget address for in Harrisburg. AP File Photo/Matt Rourke
In 2008 when Hill violated the restrictions, McClure banned him from future filings unless they were approved by a magistrate judge.
Hill appealed and the U.S. Third Circuit Court of Appeals vacated the sanctions to give him the opportunity to comment on them.
In its remand the court suggested the restrictions be reimposed that Kane, now a senior judge, did. She was assigned the case after McClure died.
Hill has continued to file cases but has been unable to obtain certification for them to proceed.
Pennsylvania Ping!
Please ping me with articles of interest.
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In Arizona, a judge threw out efforts to keep Paul Gosar and Andy Biggs off the ballot yesterday, but damn if we can find out who the plaintiffs were.
The rats are terrified people will get elected who will expose the 2020 steal.
Bad journalism. No mention of the state. Just because I know it’s PA doesn’t make a difference.
Jeffrey D. Hill - Remember that name. He is one of the enemies and needs to be treated as such.
Agreed....that’s why we have keywords, topics, and ping lists...but we shouldn’t need to depend on those.
Judge McClure was a close family friend for many years. There are few people I put on a pedestal, but he was one of them.
Good job PA. Keep up the good work.
Get the rope.
Don’t you think the average reader of Pennlive knows this story is about Pennsylvania?
Per the court record when this nutcase sued his court appointed attorney for malpractice when he got the charges remanded.
https://law.justia.com/cases/pennsylvania/superior-court/1993/430-pa-super-551-2.html
“We also cannot help but note that Hill has filed numerous suits against not only his court appointed counsel, but district attorneys, judges and other county officials. Most of Hill’s handwritten motions, appeals, etc. show little respect for judicial officers, but fire insults and invective in every direction. In the present appeal, Hill describes the Lycoming County Court of Common Pleas as a “Legalized Mafia.” Hill’s preferred epithet for this Court is “you sanctimonious hypocrites.” The essence of Hill’s appeal seems to be that “[t]he prothonotary, the sheriff, and the judge along with the defendant who is an officer in their court don’t want me feeding the crooked Lycoming County kangaroo court anymore crow, so they conspired to stop me and are currently involved in shirking responsibility for their dirty, devious political chicanery and skullduggery.” Appellant’s brief at 4. At least Hill is a colorful writer.”
Well, the author didn’t write it for it being posted here - the source is “PennLive” so those reading at the website would know what location it was.
Not to worry, they’ll find a more sympathetic judge to overturn this decision just prior to the primary to clear the field for the Rinos.
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