READER COMMENTS ON
"Durbin Tells Paper Filibuster of Alito Possible!"
(40 Responses so far...)
COMMENT #1 [Permalink]
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Bluebear2
said on 1/20/2006 @ 5:29 pm PT...
COMMENT #2 [Permalink]
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Doug Eldritch
said on 1/20/2006 @ 6:30 pm PT...
Full on offensive......stand in one and vote NO
Bring on the full pain.... senator_kennedy@kennedy.senate.gov
And its time to get rid of Karl Rove once and for all...... be sure and send your information and comments and more to the DOJ...
webmaster@usdoj.gov
Doug E.
COMMENT #3 [Permalink]
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Dunk
said on 1/20/2006 @ 7:55 pm PT...
I hope this changes a few more minds..
WASHINGTON (Reuters) - Senate Majority Leader Bill Frist told Republican Party activists on Friday night that U.S. Supreme Court nominee Samuel Alito was the "worst nightmare of liberal Democrats."
Frist, a Tennessee Republican, made the remark to fellow Republicans during a private tour he gave them of the Senate chamber when the Senate was not in session.
Frist was not available for comment following his remarks.
Asked about the senator's remark, Frist spokesman Bob Stevenson said that Alito "is a thoughtful mainstream conservative jurist who is well respected by his peers, by Democrats and Republicans alike."
http://snipurl.com/ls8q
COMMENT #4 [Permalink]
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agent99
said on 1/20/2006 @ 8:03 pm PT...
They will filibuster, and they will prevail.
I stayed up too late again, emailing half the Senate, and will keep up calls, etcetera, but they're GOING to do it. They can't hold their heads up if they don't. It's too clear. It's been made too clear that it's clear, and they can't snake out of it. I don't think many of them even want to.
Alito will not be confirmed.
COMMENT #5 [Permalink]
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John H Kennedy
said on 1/20/2006 @ 8:18 pm PT...
Fillibuster is a Win/Win for all Senators who are Democrats, Independents and Moderate Republicans.
Here is why....
Below is a oopy of email I sent to Senator Salazar of colorado who declared himself voting against confirmation on Thursday.
Article in Denver explains.
I believe that since the 2000 election,
the true
'clear and present danger'
to our security and Constitutionally given freedoms,
is
the President of the United States, George Bush
and
the radical right wing power mad zealots who apparently control him and the GOP.
Allow me to explain my reasons for making the above statement.
My name is John H Kennedy. I am a lifelong Democrat and a resident of Denver, Colorado since the early eighties. I am not qualified to and will not ever run for any public office. Hold me to that.
I am however an involved voting citizen and as such I am concerned about the state of our Democracy and the drift toward a modern day version of tyranny caused by an arrogant imperial ultra Nixonian President who believes his powers cannot or must not be checked by the Congress or the Courts of our land.
I believe that if he packs the Supreme Court with enough like minded right wing justices he will get his way with us. We can look forward to 20-40 years of right wing dominance. If the right wing steamroller is unstoppable, this may become a permanent and insufferable condition.
In the 2000 election the presidential candidate with the majority of popular votes was prevented from having a reasonable recount in Florida by a moderately right wing conservative US Supreme Court. If Alito is confirmed the Supreme court will be then be overwhelmingly right wing conservative and there will probably be no recounts for anyone of the loyal opposition.
No recount, no checks or balance.... no recourse.
I believe that we the people are entering into the uncharted waters of extreme right wing rule with the only apparent check and balance being the conscience of the right wing of the GOP, whatever small comfort that is.
I also believe that the future survival of the GOP as we knew it is at risk. Certainly it's political reputation and constitutional values are at risk. By using the excuse of a permanent state of war with terrorists as pretext to enable permanent unchallengeable right wing Republican control of all branches of our government, Bush may just destroy or permanently damage the soul of the GOP.
I believe that it is time that we the people of these United States hold our current President and all politicians of all political parties accountable for his actions. If politicians whether Republicans, Democrats or Independents allow continued violations of the Constitution they all should suffer at the polls for their cowardice.
I believe Bush has used the excuse of 9-11 as cover for unconscionable acts against our Constitution, and that our true statutory security and our uniquely American way of life and representative government is in grave danger.
You and I can and will be prosecuted for violating our laws. President Bush believes himself immune.
I think President Bush needs to be held to the same standard.
Nixon committed crimes and was about to be impeached. He resigned to avoid the shame of impeachment. As he left the White house for the last time Nixon raised his arms in a dubious victory pose and did not understand even then, even to the last breath of his life of the danger to our republic that his rule represented. The evil now resident in the White House, in Bush's Administration and in Congress will as in the 1960's have to be hounded and driven to do the right thing by the revelations of whistle blowers and those who protest. Zealots can usually only see their own world view and consider no others. They have be dragged to the light.
The GOP, a great party composed of many wonderful citizens, is currently wallowing in it's own congressional corruption, is apparently held in bondage by it's own right wing and is I think currently unwilling or unable to put the good of our Constitution and our Country above the partisan politics it has created.
I have many wonderful friends who are Republicans. I am honored to know them and to have their friendship. I respect that their point of view may be different and that we may disagree strongly on various topics. I however believe that they and many Independents and even Democrats, myself included, have at times have been conned by the 'our way or the highway ' method of government exercised by the President and the Neo 'cons' behind him.
I believe the true patriots within the GOP will eventually rise to the defense of our Constitution and again become the check and balance they were meant to be by our Founders. But because it is hard to admit that one of your own is wrong they will have to be pushed to do the right thing.
I also believe that getting them to accept that the President and his neo con cabal are the problem will take a great deal of national discussion, persuasion, public protest and demonstrations.
The change needed will probably not come easily. For awhile every time we hear someone in the GOP say they want to have a 'hearing' it will probably be cover for themselves or an effort to distance themselves from the coming storm or a method to manage the discussion and the news. Most of them however, are good people who will in the end do the right thing.
We of like mind here in Denver and all across the nation must come together regardless of party and march in the streets if needed to draw attention to Bush's criminal behavior.
Yes we were tragically attacked on 9-11, however the real threat to our way of life and the protections of our constitution is not the predominately Saudis members of al Qa'eda who did attack us, not Iraq who had nothing to do with 9-11 and did not have WMD, the real threat is the Nixonian style Imperial Presidency once again foisted on our country by the lunatic right wingers of the GOP.
It is my opinion that if Bush and Cheney violated any Federal Law or Regulation they should both first be Impeached and then prosecuted as appropriate for their crimes.
Prior to that happening the US Senate should reject the nomination of Judge Alito to be a Supreme Court Justice. Alito is apparently the author of a Reagan era opinion on Presidential 'Signings' which Bush is using as a pretext to ignore laws that he signs into law. This surely violates the Constitution and should be obvious to any Senator worthy of the position. Senators of either party dumb enough to accept the author of this travesty as a Supreme Court Justice should be kicked out of office.
I once took an oath to defend and protect this country from all enemies foreign and domestic. From the first moment I heard about the Gulf of Tonkin excuse for war I passionately believed it to be a foul exaggeration at best or a damnable lie at worst. I joined the US Army Reserves attempting to serve while hoping to stall off my own personal risk in the hope that Johnson and Congress would come to their senses and stop the madness in Vietnam. I am not proud of the fact that I was not in country in Vietnam to support those who went (and that is coming from one who had predecessors in the Civil War and First World War). Those who march to the sounds of the battle regardless of the debate over the legality of the war are the true heros. Like those in uniform today. God bless 'em all. But what are we willing to do that their sacrifices were not in vain?
The American soldiers lives lost, the blood shed through wounds received and the years of sacrifices by the millions of Americans who have served in our military forces should not be in vain.
I suggest that all of us need to take some individual personal action now to stop President Bush, Vice President Cheney, and the radical right of the GOP from breaking our laws, endangering the integrity of the Constitution and help bring them to the justice they deserve.
Write letters, call your elected Federal Representatives and Senators or contact your State Legislators and ask them to pass State Resolutions asking for an Investigation or Impeachment. Write your newspapers, magazines and radio and TV stations. Ask them why this isn't being covered in any meaningful way and demand the truth be published and demand that the Journalists do their job.
The memory of those members of our military who honored their oath by 'preserving and protecting the Constitution of the United States, serving out their full commitment, should not be sullied by those in power who either did not serve in any capacity or did not fully complete their commitment to our military.
I believe that it is time for all of us to look within ourselves and past our partisan motivations and recognize the enemy within for the true danger it is. It may be each of us. If we, good men and women that we are do nothing, the evil in Washington will win and damage or destroy our freedoms. And freedom is worth a hell of lot more than any temporary security. America's Founders knew that. Have we forgotten?
I can if necessary pick up a sign and march in the streets of Denver to protest the Bush crimes against our constitution. If you think that is a good way to get the attention of those in power, if you think old fashioned 60's style sign carrying protesters in front of the Capital Building or the local newspaper or TV station offices could help force our government to do the right thing, I'll walk with you. Lets do it now. All across the country. I'll help organize it.
John H Kennedy
johnhkennedy@yahoo.com
My website http://stopalito.hn.org
as some information and opinion.
We need a massive email campaign to all the senators.
NOW
Help me , email me.
“Those who would give up Essential Liberty to purchase a little Temporary Safety,
deserve neither Liberty nor Safety “
...attributed to Benjamin Franklin, one of the Signers of the Constitution.
COMMENT #6 [Permalink]
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John H Kennedy
said on 1/20/2006 @ 8:25 pm PT...
I will be sending letters to all Senators starting with the Juciciary Committee tomorrow.
You may use anything from this letter in your own.
John Kennedy
King of the really big protest sign
COMMENT #7 [Permalink]
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agent99
said on 1/20/2006 @ 8:56 pm PT...
JHK: Ya gotta make 'em shorter than that or they'll NEVER read them!
COMMENT #8 [Permalink]
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bb
said on 1/20/2006 @ 8:56 pm PT...
He has wind, and not just wind, but wind with brains, heart, and guts.
COMMENT #9 [Permalink]
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bb
said on 1/20/2006 @ 8:58 pm PT...
COMMENT #10 [Permalink]
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agent99
said on 1/20/2006 @ 9:46 pm PT...
Durbin was mellow in the hearings. Stuck right to it. The perfect component of a filibuster. Brains, heart, moral courage. Walking softly, carrying a big stick.
COMMENT #11 [Permalink]
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Sheila Parks
said on 1/20/2006 @ 10:15 pm PT...
Please make these 7 calls on Monday. Your life depends on it
First, Call Senator Richard Durbin (IL) and Senator Ted Kennedy (MA)
Tell Durbin to go ahead and lead the filibuster even if they don't have enough votes. Durbin is the Senate Minority Whip, and he should be pulling together the Dems.
(202) 224-2152
Quote Kennedy's words, quoted immediately below, back to him
Kennedy, describing the confirmation battle as the "vote of a generation" for its potential long-term impact on the balance on the court, called Alito's record "clear and ominous" on issues of executive power. "The record demonstrates that we cannot count on Judge Alito to blow the whistle when the president is out of bounds," he said.
Kennedy:
Boston: 617-565-3170
DC 202-224-4543
Free lines: 1-866-340-9281 and 1-866-340-9279
Then, please call Sens Leahy of VT , Salazar of Colorado and Baucus of Montana who have said they will vote against Alito. They voted for Roberts
Thank them for saying they will vote no and tell them it is not enough. THEY MUST FILIBUSTER
Again, here are free numbers to DC Switchboard: 1-866-340-9279 and 1-866-340-9281
Leahy: 202-224-4242
Salazar 202-224-5852 -**** HE IS PART OF THE GANG OF 14. CRUCIAL TO CALL HIM****
Baucus 202-224-2651
And Alito is still going around talking with Sens,trying to get votes,courting them - Tom Carper, Delaware and Robert Menendez, New Jersey
Please call them too
Carper - 202-224-2441
Menendez NJ: Robert Menendez - HE IS UP FOR RE-ELECTION THIS YEAR (forget about the rigging; these people don't believe it anyhow and they want to get in
(202) 224-7919
Menendez is being appointed to replace Jon Corzine, and will take office January 17th . It will be his first important vote as a Senator, so call and tell him to make it a good one!
Thanks and have a nice Alito free day
Sheila
COMMENT #12 [Permalink]
...
thedeanpeople
said on 1/21/2006 @ 1:35 am PT...
Get In Their Faces, if you can.
Remember, calling is better than faxing, faxing is better than emailing. (And snail mail to DC is useless - "security" delays).
BEST is a personal visit.
You can go down to the DC office (yes, you can just waltz right in) and ask to talk to the Senator. No, you won't get to --- but then say "can I talk to someone from senior staff?"
They often will have someone sit down with you (taking notes). If not, just leave your message at the desk.
And DO NOT FORGET abou their local offices. Just go on in and ask to talk to someone. Ask if the Senator happens to be there --- Ya' never know. Leave a hand-wriiten letter. Talk to staff.
Your contact is "valued" by how much you put into it. If you're shy, take a "silent partner" (any friend) along with you. Or better, go with another "ciitzen activist" representing your "local group" (even if it's just a book club).
And DO TRY to get into a dialogue with the staff. Make them defend their position. You are not dealing with "deaf ears." They're just people - not policy wonks. You may well be telling them things they (and the Senator) don't know, or haven't considered. (Yes, really.)
The point to make on Filibuster (and most things) is that There's NO Downside! There's only fear itself to fear. No "backlash."
And also, that just voting against is NOT GOOD ENOUGH. They either oppose him (including filibuster) or they support his success. There's no middle ground.
And yes, they need to say "bring it on" to the "nuclear option." Call the bluff. If they use it, that will give us a real election issue to flog.
This is what "worked" last January 6th to get Senator Boxer to stand up after months of hearing nothing but --- "You'll Never Get a Senator."
---
www.january6th.org
COMMENT #13 [Permalink]
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Ricky
said on 1/21/2006 @ 4:49 am PT...
Alito will be confirmed because he is highly qualified. Its simple.
Brad,
Remember that word desperation? This blog is the definition of it.
COMMENT #14 [Permalink]
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Floridiot
said on 1/21/2006 @ 5:09 am PT...
Brad, why do you let the Yutz above continue to spew drivel?
COMMENT #15 [Permalink]
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Savantster
said on 1/21/2006 @ 5:16 am PT...
Ricky, I wasn't sure if this was the right place for This LINK, but you have shown me it is.. thanks
Alito is -not- qualified to sit on a court who's job it is to restrict the President and Congress' actions to conform with the Constitution. He's already said he feels the President can act as King. (in case you missed it, that's in direct conflict with the Constitution, and the founding premis of this country)
That link is to an article that talks about how Corperations are perfectly content to CONTINUE allowing hate and fear and biggotry to pervail in this country, all in the name of profits. They are content to let stereotypes run rampant because they get a lot of money from letting tiny-minded people (like you, Ricky) hold on to their false pretenses, their hate, their closed mindedness.
It will never cease to amaze me just how pathetic Humans can be. Ricky, Paul, Medium Right, and all the homophobic morons out there, all the biggots, all the fear-mongers, all the thugs.. the WORST examples of humanity there are. Yet, these people live in a country where us DECENT people think it's reasonable for everyone to have rights, just so WE don't become like THEM.. and THEY take advantage of those rights to try and shit on everyone else in the world.
It's people like Ricky that prove to me that there is no god. There can't be.. no Karma, no god, no "justice" inherant in the universe. We get conditioned to believing there is because it kind of gives us a hope that things will "work out in the end".. but what end? when? where's the proof to back it up? The stories we see and hear are just stories.. Money is god, there is no other. People worship it, kill for it, destroy lives for it, base religions around it.. the list goes on. Greed and ignorance drive the worst of humanity while the best of humanity is spit on by them. People who want the entire world to have decency and no suffering are spit on by people who only care about them selves.. are too short sighted to see that their actions cause pain and suffering and the destruction of the world (or inhumane enough not to care).
Worried about pissing off some psycho hate-mongering biggots so they don't show the TRUTH about a group that's being villified for political reasons by morons?? And, Alito is -exactly- the kind of person that SUPPORTS hate-mongering, degridation of human rights and the human condition.. No, he's not right for the Supreme Court; He's not even right as a decent human being.. he's another of those shit-flinging monkies in a suit who fancies himself important.
COMMENT #16 [Permalink]
...
Savantster
said on 1/21/2006 @ 5:21 am PT...
Ricky, I wasn't sure if this was the right place for This LINK, but you have shown me it is.. thanks
Alito is -not- qualified to sit on a court who's job it is to restrict the President and Congress' actions to conform with the Constitution. He's already said he feels the President can act as King. (in case you missed it, that's in direct conflict with the Constitution, and the founding premis of this country)
That link is to an article that talks about how Corperations are perfectly content to CONTINUE allowing hate and fear and biggotry to pervail in this country, all in the name of profits. They are content to let stereotypes run rampant because they get a lot of money from letting tiny-minded people (like you, Ricky) hold on to their false pretenses, their hate, their closed mindedness.
It will never cease to amaze me just how pathetic Humans can be. Ricky, Paul, Medium Right, and all the homophobic morons out there, all the biggots, all the fear-mongers, all the thugs.. the WORST examples of humanity there are. Yet, these people live in a country where us DECENT people think it's reasonable for everyone to have rights, just so WE don't become like THEM.. and THEY take advantage of those rights to try and shit on everyone else in the world.
It's people like Ricky that prove to me that there is no god. There can't be.. no Karma, no god, no "justice" inherant in the universe. We get conditioned to believing there is because it kind of gives us a hope that things will "work out in the end".. but what end? when? where's the proof to back it up? The stories we see and hear are just stories.. Money is god, there is no other. People worship it, kill for it, destroy lives for it, base religions around it.. the list goes on. Greed and ignorance drive the worst of humanity while the best of humanity is spit on by them. People who want the entire world to have decency and no suffering are spit on by people who only care about them selves.. are too short sighted to see that their actions cause pain and suffering and the destruction of the world (or inhumane enough not to care).
Worried about pissing off some psycho hate-mongering biggots so they don't show the TRUTH about a group that's being villified for political reasons by morons?? And, Alito is -exactly- the kind of person that SUPPORTS hate-mongering, degridation of human rights and the human condition.. No, he's not right for the Supreme Court; He's not even right as a decent human being.. he's another of those shit-flinging monkies in a suit who fancies himself important.
COMMENT #17 [Permalink]
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Savantster
said on 1/21/2006 @ 5:22 am PT...
Sorry about #15 above.. missed a closed " on there.. bleh (and hit submit instead of preview..)
COMMENT #18 [Permalink]
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Paul
said on 1/21/2006 @ 7:06 am PT...
John H Kennedy,
Nice speech! But, you seem to be saying that Bush is more dangerous than the terrorists, which loses credibility.
> The memory of those members of our military who honored their oath by 'preserving and protecting the Constitution of the United States, serving out their full commitment, should not be sullied by those in power who either did not serve in any capacity or did not fully complete their commitment to our military.
And what about Clinton?
Again, you lose credibility.
Bush is just putting strict constitutionalists on the courts, something our Founding Fathers would be pleased with.
The good news is he will have 1 to 2 more opportunities.
I too had ancestors who fought in the American Revolution and on both sides of the Civil War.
Go ahead and March in the streets of Denver. Should be fairly cold this time of year.
Alito will be confirmed! Then you can bash your own Democrat Party.
I will be routing for the Broncos on Sunday.
COMMENT #19 [Permalink]
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JUDGE OF JUDGES
said on 1/21/2006 @ 7:41 am PT...
At this stage of the Game I am more afraid of bush than the "terrorists".
His whole life, bush has Fucked Up everything, he ever touched.
COMMENT #20 [Permalink]
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JUDGE OF JUDGES
said on 1/21/2006 @ 8:05 am PT...
After Consideration of the alito Testimony.
alito is a Fucking FASCIST and has no place on the S. C.
alito is Qualified to Judge the Following :
* Mud Wrestling
* Pissing Contests
* Roller Derby
* Cock Fights
The Question that should have been asked is :
If alito's wife was rapped would she have an Abortion?
COMMENT #21 [Permalink]
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MarkH
said on 1/21/2006 @ 9:17 am PT...
During the hearings I commented that it appeared likely Alito would be confirmed with about 65-70 votes. At the close of the hearings when Arlen Specter announced his decision to support Alito it still seemed likely Alito would be confirmed with about 65 votes.
But, now I'm not so sure. Just the merest talk from Senate Dems that they might vote against Alito is heartening.
I'd say now the chance of Alito being confirmed is much closer to 58 yea, 42 nay --- and that might be enough to make a filibuster stick.
If this is true and the Dems are supported by the public opinion polls which would follow, then it's likely they'll stick together throughout the year and not confirm ANY Bush appointee to the court. Madame Justice O'Connor is going to have to stick around.
Yeeeehaaaaaa!
COMMENT #22 [Permalink]
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Soul Rebel
said on 1/21/2006 @ 9:42 am PT...
Yeah, but what about Clinton? Huh? Huh? Go on, what about Clinton?? Tell me, what aout Clinton? Huh? What about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli...about Cli.......skreeeeee
COMMENT #23 [Permalink]
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Robert Lockwood Mills
said on 1/21/2006 @ 10:18 am PT...
If a filibuster succeeds, and O'Connor's husband takes a turn for the worse, what then? She'd be faced with a choice of leaving her sick husband alone with a nurse near the (apparent) end of his life, or leaving the court with only eight justices.
Either way, the Democrats would get the blame. Not that it would be fair, but I promise you the media would take Rove's spin and play it 24/7. Meanwhile the Abramoff scandal, Plamegate, illegal spying and all the rest of the Bush administration sins would be pushed to the background.
Just one man's opinion, but I think a filibuster could do the Democrats a lot more harm than good.
COMMENT #24 [Permalink]
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mparker
said on 1/21/2006 @ 10:21 am PT...
If your not going to FILIBUSTER ALITO, who then?
He believes Bush is king and has already given him powers never intended by the framers.
The signing statement is in direct conflict with the Constitution.
COMMENT #25 [Permalink]
...
isado
said on 1/21/2006 @ 10:27 am PT...
The Honorable Dick Durbin summed up My view of Judge Alito. His vague noncommittal, answers, during Senate Hearings, are vexing! On the subject of Presidential Power; "To Eavesdrop on our Phone Conversations without Warrants! To seize American Citizens and to Imprison them Indefinitely Without charge"! It sould have NOT been much of a "Brain Drain" for Mr Alito, to answer those two questions!
I freely admit Im far from being a Legal Law Scholar.
But The Constitution, and especially the 1978 Foreign Intelligence Surveillance Act, spell out "Executive Powers." The Congress enabled the FISA Laws Because of passed "Abuse" of an "Overzealous Executive!"
Then we have Alito’s embrace of the "Unitary Executive." It effectively eliminates the checks and balances the Founding Fathers framed into the Birth of this Nation. Does the President have the right to override the McCain amendment and order the torture of detainees? What point is there in Congress passing laws....... if the "Unitary Executive" can simply declare them meaningless?
Would "Unitary Executive" 'Trump Supreme Court rulings', as well? Or should one be so curios?
These just the few things We should all take objection to. Mr Alito's judicial philosophy and application of Law, has much to be desired. As a US Supreme Court Judge, he would Defile all logic of a Democracy!
See Samuel Alito's record here:
http://media.pfaw.org/stc/AlitoPreliminary.pdf
The iceing on the cake is a Fax, sent to The Honorable Arlen Specter, and The Honorable Patrick Leahy on January 11, 2006. Shall we call it 'Dog and Pony Show'?
Here is a copy of Fax:
I faxed the following letter to Specter and the Committee tonight. If the opposition is for real they will raise the issue. Otherwise it's just a dog & pony show.
January 11, 2006
United States Senate Committee on the Judiciary
The Honorable Arlen Specter, Chair
224 Dirksen Senate Office Building
Washington, DC 20510
Re: Judge Alito's Questionnaire
Dear Senator Specter:
Question 23 from the Senate Judiciary Questionnaire reads, in part, as follows:
Please provide a list of any instance during your tenure on the Third Circuit that there has been a request for you to recuse yourself from a
case, motion, or matter, or when you have otherwise considered recusing yourself from a case, motion, or matter. As a litigant, who had filed several motions for Judge Alito's recusal, I was anxious to review his answer to Question 23. He listed 23 cases, from 1990 to 2005. He failed to include Heimbecker v. 555 Associates, 03-2180 (3rd Cir. 2004). To confirm that 03-2180 is a case that should have been on his list but was omitted from his answer, the docket in
03-2180 reflects his order as follows:
2/9/04 ORDER(Alito, Authoring Judge, McKee and Cowen, Circuit Judges)denying
motion by Pro Se Appellant H. Gerard Heimbecker to Disqualify the Third Circuit because each judge must decide individually whether to recuse. Judges Alito, McKee and Cowen do not recuse, filed. (ghb)
His list of 23 cases included both serious and frivolous cases. If 03-2180 was a frivolous case, it would have been included. There can be only two possibilities to explain his failure to include 03-2180 in his answer. Either he forgot or he didn't forget.
1. The " I Forgot" Possibility
I am sure he will agree this was a memorable case as I had written him a letter, dated March13, 2004, detailing prima facia evidence of a federal judge lying on his Senate questionnaire during that judge's confirmation process. The purpose of my letter was to comply with 18 U.S.C.§4, Misprision of Felony, which states " [w]hoever, having knowledge of the actual commission of a felony . . ."must ". . . make known the same to some judge or other person in civil . . . authority." I reported the actual commission of a felony to him and requested he report the allegations to appropriate civil authority. He ignored my letter and voted to deny the motion to recuse. His vote is reflected on the docket as follows:
4/1/04 ORDER (Scirica, Chief Judge, Authoring Judge, Nygaard, Alito, Roth,
McKee, Barry, Ambro, Fuentes, Smith, Chertoff, Fisher, Aldisert, Rosenn, Weis, Garth, Stapleton, Greenberg and Cowen, Circuit Judges) denying motion by Pro Se Appellant H. Gerard Heimbecker to disqualify the Third Circuit, filed. (ghb) In fact, those orders led to the filing of a documented Judicial Misconduct Complaint against the offending judge on October 12, 2004. Rule 4, Review By The Chief Judge, states as follows:
The statute requires the chief judge to review a complaint expeditiously. It should be a rare case in which more than sixty days is permitted to elapse from the filing of the complaint to the chief judge's action on it.
(Emphasis added).
Apparently, the Judicial Misconduct Complaint was a "problem". Opening a legitimate investigation would ultimately result in an impeachment referral. This outcome was unacceptable. Accordingly, to thwart the process, the action of choice was inaction. Chief Judge Scirica could have settled the matter with a five minute telephone call but opted for the waiting game and when he failed to take action for 150 days, a Judicial Misconduct Complaint was filed against him for violating the rules. That complaint prompted some fast action for, in only 11 days, on March 28, 2005, Acting Chief Judge Nygarrd filed an order which stated that the word "requires" did not mean mandatory it meant "aspirational in nature" Judge Nygarrd explains his rationale in Footnote 4 of the order.
Footnote 4: What constitutes "expeditious" review of a complaint is a matter of interpretation by the judge determining the complaint and may be affected by a number of case-related factors. The 60 day period referred to in the Commentary on Rule 4, Rules of the Judicial Council of the Third Circuit Governing Complaints of Judicial Misconduct and Disability, is not mandatory, but merely aspirational in nature. In event, the determination as to what is expeditious in a particular situation is a procedural decision
which normally is not subject to review in a new misconduct complaint.
On April 25, 2005, this order was appealed to the Judicial Council on which Judge Alito serves and on June 7, 2005, Judge Alito signed an order to affirm the absurd ruling that the word "requires" does not mean mandatory; it is "merely aspirational in nature". Does he really believe, as he affirmed, when Congress uses the word "requires"in a statute, it does not mean mandatory; it means "aspirational in nature"? Finally, after holding the complaint against the District Judge for 292 days, without an
investigation, Chief Judge Scirica filed an order which states in effect, since the alleged offense occurred prior to the District Judge?s elevation to the bench, the Judicial Council lacked jurisdiction. If this holding had any merit it should have resulted in the immediate dismissal of the complaint almost ten months earlier. The opinion states as follows:
Insofar as Complainant alleges that Respondent in his confirmation process made statements which were, "knowingly andwillfully, fabricated," about his legal career at the law firm, these allegations are subject to
dismissal pursuant to 28 U.S.C. §352(b)(l)(A)(I) as not being cognizable
under the statute. Because this conduct occurred during a legislative proceeding before Respondent became a member of the federal judiciary, the alleged discrepancies in the information provided to Congress are not
subject to challenge in a judicial administrative disciplinary proceeding.
On August 30, 2005, A Petition for Review to the Judicial Council was filed, complete with copies of the relevant false answers of the offending judge?s Questionnaire and a copy of the Federal Court Docket which refutes the judge?s answers.
On October 11, 2005, Judge Alito voted to affirm another absurd order. Does he really believe, as he affirmed, because the false statements occurred during the confirmation process,the JudicialCouncil lacks "jurisdiction" and is under no obligation to open an investigation or to report criminal conduct to proper authorities? This is very troubling. Twenty days later, the President nominated him for the Supreme Court. Did he assure the
President there was nothing "out there" in spite of the five instances of his involvement in this case?:
1. His vote on 2/9/04 which amounted to aiding and abetting a cover-up.
2. His failure to comply with 18 U.S.C.§4, regarding the letter of 3/13/04.
3. His vote on 4/1/04 to affirm the cover-up.
4. His vote on 6/7/05 affirming the holding " required"does not mean " mandatory".
5. His vote on 10/11/05 affirming the holding, ?since the perjury occurred during the process and prior to the District Judge's elevation to the bench the Judicial Council lacked jurisdiction.
With all due respect, did he actually forget all of the above?
2. The "I Didn't Forget" Possibility
In light of his above actions, his reluctance to list 03-2180 on his questionnaire is understandable but unacceptable. Perhaps he thought, as he affirmed, the Senate's requirement he provide full and complete answers was not "mandatory" but merely "aspirational in nature". When completing his questionnaire he would have made aconscious decision to omit 03-2180. The evidence suggests the reason was to preclude his having to account for his actions in this matter.
3. The Summary
If he forgot and should you need any documents to refresh his memory and the Clerk is unable to find them, I will make them available to you. In any event, his memory lapse of such a current, extensive and unusual record should preclude his confirmation to the Supreme Court.
If he didn't forget, his conduct warrants an investigation and should preclude his confirmation to the Supreme Court.
This is an extremely serious matter that deals with the integrity of the nominee. It will survive this hearing. Judge Alito was advised of all of the above by letter dated December 12, 2005. He has failed to respond.
Several times today, Chairman Specter, you reiterated your desire to obtain all the facts. Judge Alito swore to God that he would provide the whole truth?. This matter is part of the whole truth? I look forward to the Committee obtaining all the facts.
Sincerely,
/s/
H. Gerard Heimbecker
cc: The Honorable Patrick Leahy, Ranking Member
Senate Judiciary Committee
After reading the above Fax. It should become clear as to which "Bench", Mr Alito should be sitting on. Alito should be wearing chains, and Not a Robe!
Alito will become the Blue-Ribbon Winner for this Administration's, "Dog and Pony Show." A ringer, a 'Slam Dunk'! There is no doubt, in my mind how Alito would rule, on any case, involved with this "Overzealous Administration."
On the other hand, the above Fax, demonstrates, Alito has passed one of this Administration's prerequisite's. Questionable, background, shady deals or lack of qualification's are the 'Norm'!
As Justice O’Connor wrote "A State of War is not a Blank Check."
Alito will Not be just 'Any' "Blank Check." Alito could effectively become "A Blank Chequebook!"
Now is the time for all good men to come to the aid of their country. That typing exercise was never more than just that 'Until' Now!
If there ever was a time to Fight or 'Block a Supreme Court Nomination' Now is that TIME! Never before has the Typeface, of a "Chequebook" become so "Significant!"
A "Confirmation of Alito", should "Spur" our "Lawmakers" into a "Course of Action!" They should introduce and pass legislation, that will Abolish, The Constitution, The Bill of Rights and both Houses of The Congress! Why waste Time with Patriot Act I, II or III ? Im confident, some Lawmaker would 'Include Language' to increase their Salaries, and Extend Gratuities for life!
Such Legislation would save this "Administration" time, energy and work! The 2004 Election Debates, gave us insight into how much "Hard Work" a President must endure! Lawmakers could save this Administration, the possibility of suffering from "Writer's Cramp!" The Administration might demonstrate its appreciation for such Legislation. He might NOT fill in one of "Them.... There....Blank....Checks" to Remove Our Lawmakers Gratuities.
"Gee, if this were a dictatorship, it'd be a heck of a lot easier...just as long as I am the dictator." --- G W Bush
Samuel Alito, might just be "The Blank Check" that makes it "a heck of a lot easier!" for G W Bush
COMMENT #26 [Permalink]
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bg1
said on 1/21/2006 @ 1:15 pm PT...
Bush & Co. are trying to transform the US government into a dictatorship. The least the Senate opposition can do is mount a filibuster against the confirmation of Alito to the SC.
Presently, the US public is not paying attention to the issues posed by Alito's pending confirmation. The only way to get the public's attention is by grabbing the media spotlight. A sustained filibuster is the only way to get the media spotlight. A filibuster is the only way to make the GOP pay politically for confiming Alito.
The Democrats have nothing to lose by filibustering Alito's confimation. Even if the filibuster fails, at least the American people are made aware of what's at stake. The Democrats owe it to the American people, and the entire world, to at least try.
COMMENT #27 [Permalink]
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Robert Lockwood Mills
said on 1/21/2006 @ 1:28 pm PT...
I understand the passion here. Alito scares me, too, especially with his views about expanded executive power.
I'm just speculating that to spend political capital on a filibuster might distract the media and undecided voters from other issues where Republicans are more visibly vulnerable. Illegal spying, ethics, exposing Valerie Plame, torture, cronyism, ineptitude.
Just a strategic comment, that's all. Call me the non-partisan Karl Rove.
COMMENT #28 [Permalink]
...
MMIIXX
said on 1/21/2006 @ 1:41 pm PT...
John Kerry
* John Kerry's diary :: ::
John Kerry
P.S. I want you all to know that I’m reading your many comments. My wife Teresa reads blogs passionately, and I follow blogs too, and I’m glad I can be a part of this – and frankly I’m not worried about taking some slings and arrows along the way. I’ve faced worse! So keep the comments coming --- good, bad, hopefully not indifferent.
COMMENT #29 [Permalink]
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big dan
said on 1/21/2006 @ 1:41 pm PT...
Great comment above. A Dem fillibuster will show unity, like the Republicans had when they were the minority, AND the Bush regime is at it's lowest point and DOES NOT WANT controversy, such as a fillibuster. Now's the time to unite, Dems. It's really forcing a WIN-WIN situation for the Dems. If ANY Dems vote for Alito, THEY STINK!!!!!!!!
I'm re-posting my link to Ralph Nader blaming the Dems if Alito gets in, by not being united as the minority party and fillibustering, and the DEMS will be responsible for the "Four Horsemen" of radical-rightwing Supreme Court decisions for decades to come. Roberts for Rehniquist was an even trade, but Alito would tip the balance to the extreme right.
Ralph Nader on the Dems/Alito
COMMENT #30 [Permalink]
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agent99
said on 1/21/2006 @ 1:59 pm PT...
Justice O'Connor has to pick between precipitating her country's slide into fascism, and what time she has left with her husband. Which would you choose?
If the filibuster could be the old fashioned kind, the kind where nothing else gets handled until the opposition cedes its case, all that talking time could be filled with exposing the high crimes of the neo-conservatives.
This country's might is just too much of a temptation for those who cannot resist the invitation to evil. There's too much money, and too much power to be had by taking over. It's just like the Russian Revolution, only in our case it took 225 years for the greedy power junkies to grab the reins. We are faced with wresting our hard-won democracy back from the jaws of dictatorship, or living under it. The Chinese won't stand for our dictatorship's kleptomania very long, leaving our kids and grandkids with more than just a crushing debt to repay.
The right is vilifying Gore in email campaigns already. GO BACK AND WATCH THAT SPEECH OVER AND OVER! Tell all your friends.
http://www.capitalnews.org/
Click "Watch" under "Most Watched C-SPAN Video".
EVERYONE WHO LOVES AMERICA SHOULD BE LINING UP BEHIND AL GORE. NO MORE DISTRACTIONS. IT'S NOW OR NEVER.
COMMENT #31 [Permalink]
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big dan
said on 1/21/2006 @ 2:14 pm PT...
The Republicans ALWAYS stand united, with one voice, even when they're in the minority. It might be one "CRAAAAAAZY" voice, but still it is so powerful to be united. It give the appearance there are more of them than there actually is.
The radical right is an extreme minority, but they are very vocal and stand united with one "CRAAAAAAAZY" voice. So it seems there's a lot of them.
These people are better than the Dems at standing united, letter-writing, being loud-mouths, and they are relentless and persistent. There are many, many more registered Democrats in this country than Republicans.
COMMENT #32 [Permalink]
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MarkH
said on 1/21/2006 @ 5:33 pm PT...
"Acting Chief Judge Nygarrd filed an order which stated that the word "requires" did not mean mandatory it meant "aspirational in nature" Judge Nygarrd explains his rationale in Footnote 4 of the order."
So, Nygarrd isn't a "strict constructionist", eh? Or, does this mean he *is*?
If you had a nasty gash on your head and the doctor said it required 5 stitches, would you wonder if he put 'em in or would you assume 'required' meant he did put them in because they were ... uh, required, else something really horrible would happen.
With that kind of 'plain reading of the text' we could end up with a dictatorship in 5 minutes. Maybe we'd better stick to people who can read.
COMMENT #33 [Permalink]
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Soul Rebel
said on 1/21/2006 @ 5:52 pm PT...
'Scuse me, but FUCK Sandra Day O'Connor. She said she wanted to retire during a Republican presidency. She knows that if the voting situation ever gets on track and people's votes are actually counted correctly that these brainless cowboys will be voted the hell out, if not prosecuted for crimes against the American people. She WANTS to be replaced by a conservative judge. She knows EXACTLY what she's doing - and if she doesn't, she should never have been a Supreme Court Justice in the first place. As far as her husband is concerned, that's such a pile of steaming horseshit. When you accept a position on the Supreme Court (and some other jobs also) your duty and responsibility is to the American people first, and your personal life second. If that doesn't register then you have no business taking the job. Sandra Day O'Connor is in dereliction of duty. She deserves no accolades and no sympathy.
Hell, my wife said she didn't want me to run for City Council because the responsibility would override family priorities, and that's not what she signed onto. Fair enough, so I didn't run. That was City Council of a medium size city. This is the Supreme fucking Court. I don't want to hear another word praising O'Connor - I don't care what she helped in the past - it all means nothing now because it can and will be overturned in a heartbeat.
COMMENT #34 [Permalink]
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Dredd
said on 1/21/2006 @ 5:53 pm PT...
Alito represents the death of American law. The law that no person in America is above or below.
Alito, as Frist says, is the night mare of those of us who know where this is going.
A filibuster is sound. I will stand with those who resist fascism. At every turn. I will die with them.
When anyone asks me what rights I am willing to give up, I instinctively ask them what wrongs they are willing to give up. A more coherent response does not exist in my world.
Yep, it is that simple: give me liberty or give me death. It is the way of "extremist kooks" who value freedom over the comfort of illusion.
COMMENT #35 [Permalink]
...
Filibuster Alito
said on 1/21/2006 @ 6:32 pm PT...
Yes, Robert Lockwood Mills, it is a given that the media will "punish" the democrats to the best of their ability should they "dare" to filibuster. That might indeed be a serious argument to hold the Democrats back if we HAD any truthful, honest, fact-oriented "free press" remaining in this country that had the credibility on such an issue to be listened to. We do not. This stand would not only be in the face of the Republican tyrants, but also IN THE FACE of the corporate media elite of this country and their self-serving conventional wisdom. Two birds with one stone.. Obviously, if undertaken, it also needs to be executed skillfully and with passion. But no one can predict the future (though we do know that the Supreme Court is out of session most of the summer and into the fall) --- so we must act based on experience and the facts at hand. And on top of that, the blogosphere is practically UNANIMOUS on the need and wisdom of a filibuster at this time. Those are PEOPLE talking --- and I predict a massive CREATION of "political capital" for the Demcrats should a filibuster take place.
To repeat something I posted at Raw Story:
For me personally, the CAP involvement or "hardcore Republican credibility" that Alito seemed to be borrowing from CAP to 'impress with' on his job application, matters. It speaks to his character, and is just one portion of the overall effect he gave of literally being a "hostile witness" trying to win a seat on the Supreme Court by any means possible.
But his own answers and non-answer answers at the hearings sealed the deal for me. The Democrats have the votes, and many of them seem to have the guts, for an absolutely defining moment for our country of standing their ground to defend the separation of powers in our Constitution with a filibuster of Judge Alito.
The media, of course, will either continue to ignore and mock the Democrats if they fold on a filibuster, or they will viciously attack on all fronts, should the Democrats stand their ground. The PEOPLE however, will reward the Democrats, and in fact overwhelm them, with their gratitude and support should they stand their ground and filibuster. And I don't want to think about what the people will do if the Democratic Party folds its tent on this critical battlefield, yet again.
So it really comes down to whom the Democrats believe they are in Washington D.C. to serve: the elite media and its conventional wisdom of "what should be" --- or the American people [and A MAJORITY OF THOSE PEOPLE because of the populations of the states the Democrats represent] for whom they are standing-in and giving a voice and a vote by their presence in office. Oh yes --- and then there's that small matter of the oath they all took to uphold and protect and defend our Constitution...
COMMENT #36 [Permalink]
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agent99
said on 1/21/2006 @ 7:10 pm PT...
Soul Rebel, #33, I hope you know my comment at #30 was saying O'Connor's excuse for retiring right now isn't good enough.
COMMENT #37 [Permalink]
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Soul Rebel
said on 1/21/2006 @ 7:40 pm PT...
99, yes I understood that. I wasn't responding to your comments so much as I was adding and emphasizing. I hear a lot in the MSM (of course, who else) about her reasons for retiring, and I rarely ever hear anybody mention her responsibility to the American public. I've never once heard anyone lay the blame for this Alito mess directly at her doorstep. She's literally the one person who could make all of this go away.
COMMENT #38 [Permalink]
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Charlie L
said on 1/23/2006 @ 11:34 am PT...
...Robert Lockwood Mills (#27) speaks of the "political capital" of the Democrats.
They have none. They are overdrawn at the political capital bank. They are living on credit and their cards are severely maxed.
They have ZERO support from the progressive wing of the party and the middle of the party is confused about what they stand for, since they spend most of their time laying down or bending over and taking it up the backside.
A FILIBUSTER IS A BOLD POLITICAL STATEMENT! It says that Democrats believe the SCOTUS is important. It says Democrats believe that PEOPLE are more important than Corporations, and that Alito does not side with people. It says Democrats believe that HONESTY is more important than qualifications, and Alito has shown he has no honesty but will say ANYTHING to get a job he wants. It says that Democrats want to STAND for the U.S. Constitution and not the Unitary Executive. It says that Democrats want to stand for Congressional Acts being LAW and not subject to "signing letters" that allow the POTUS to be ABOVE THE LAW.
A filibuster is the opportunity for a "learning moment" in this country where the American People can come to understand the defining difference between Democrats (the party of the people) and Republicans (the party of the rich and corporations). This is not "class warfare" as the Republicans try to paint it --- this is a basic and simple difference.
It is time for the Democrats to stand up to the Republicans or to stand aside. If they do not stand up, they will be destroyed.
In battles between good and evil, there is no "soft middle." You are either WITH us, or you are with the ENEMY. The Republicans have demonstrated that they have no morals and will side with rule-breakers and violators of the Constitution if they are Republicans. The Democrats must show they will NOT allow the U.S. Constitution to be treated as an "anachronism" or "triviality" or some "quaint" document.
THE RULE OF LAW MUST STAND. ALITO MUST NOT SIT!
Charlie L
Portland, OR
CLL2001@gmail.com
January 31, 2005 at 5:30 p.m. in the town square of your town those Americans who are MAD AS HELL AND NOT GOING TO TAKE IT ANY MORE will be gathering to be counted and to make their voices heard over the lies of their President to their assembled representatives. Do you really have ANYTHING better to do?
COMMENT #39 [Permalink]
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Radical Richard
said on 1/25/2006 @ 5:22 am PT...
Alito is a done deal and so is the Supreme Court, both parties Democrat and Republican and no use to vote anymore till the Communist Party is allowed on the ballot. America is screwed to the max now baby and just waiting for the next Bush orchestrated "terrorist" attack so he can suspend the Constitution once and for all! Revolution Now!
COMMENT #40 [Permalink]
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telewizory
said on 5/2/2006 @ 6:01 am PT...
Very interested theme, with attention I will read following registration fees.