Yaketyak
04-07-2004, 10:13 PM
New Info Indicates Corruption in Judicial Confirmation Process
By Susan Jones
CNSNews.com Morning Editor
April 07, 2004
(CNSNews.com) - A government watchdog group says it knows who wrote an
incriminating memo to Sen. Ted Kennedy, recommending that he delay the
confirmation of one of President Bush's judicial nominees -- apparently to
influence the outcome of an important pending case.
According to The Center for Individual Freedom, two of Sen. Kennedy's former
aides -- in a memo dated April 17, 2002 -- recommended that he delay the
confirmation of Judge Julia Smith Gibbons to the U.S. Court of Appeals for
the 6th Circuit. The reason? To influence the outcome of the University of
Michigan affirmative action cases, then pending before the 6th Circuit
appeals court, CFIF said.
Olati Johnson, then Judiciary counsel to Senator Kennedy, wrote the memo,
CFIF said. Melody Barnes, who at the time was chief counsel to Senator
Kennedy, joined in the memo's recommendation that Judge Gibbons'
confirmation be delayed. In all copies of the memo that have been made
public, Johnson's and Barnes' names have been redacted, CFIF noted.
Johnson's job history is key to the story, the Center for Individual Freedom
said.
Immediately before joining Senator Kennedy's staff in September 2001, Olati
Johnson was assistant counsel at the NAACP Legal Defense and Educational
Fund. There she served as co-counsel for Elaine R. Jones.
Jones had a direct interest in the outcome of the University of Michigan
undergraduate school affirmative action case; she served as counsel for one
of the parties.
In fact, according CFIF, Olati wrote the memo urging Kennedy to delay Judge
Gibbons' confirmation based on a telephone request from Elaine Jones.
According to CFIF, "The revelation that Johnson authored the memo,
responding to a request from her former colleague, raises significant new
ethics questions regarding the highly publicized affirmative action cases
and Democratic efforts in the U.S. Senate to obstruct judicial
confirmations.
"As co-counsel in the University of Michigan case, Johnson exceeded the
bounds of acceptable advocacy with her recommendation to Senator Kennedy."
The Center noted that both Olati Johnson and Melody Barnes raised ethical
concerns about the April 17 memo to Sen. Kennedy: "[Melody Barnes] and I are
a little concerned about the propriety of scheduling hearings based on the
resolution of a particular case," Johnson wrote.
Their memo also specified the rationale for the delay: "The thinking is that
the current 6th Circuit will sustain the affirmative action program, but if
a new judge with conservative views is confirmed before the case is decided,
that new judge will be able, under 6th Circuit rules, to review the case and
vote on it."
According to the Center for Individual Freedom, Olati's memo noted that the
"6th Circuit is in dire need of additional judges" and that Judge Gibbons
was an "uncontroversial nominee." CFIF said those two remarks indicate there
was no reason to delay Gibbons' confirmation - other than to affect the
outcome of the case in question."
"The scandal is growing," said CFIF Executive Director Jeffrey Mazzella.
"First we learn that Elaine Jones tried to affect a pending case by stacking
the judicial deck in her favor. Now it turns out that she enlisted the help
of her former employee, Olati Johnson, who was a co-counsel in the
University of Michigan undergraduate affirmative action case before she
worked for Senator Kennedy."
CFIF has run several advertisements in recent weeks, urging Sen. Kennedy and
other Senate Judiciary Committee Democrats to come clean about the memos.
"Two of Kennedy's closest advisors recommended that he engage in improper
conduct," Mazzella said on Tuesday. "It's time for Senator Kennedy to answer
the key question in this mushrooming scandal: did he try to influence a
major pending case by obstructing a judicial nominee? This revelation
demonstrates beyond any doubt that his staff did."
The Center for Individual Freedom is among a number of groups demanding a
Senate Ethics Committee investigation. The request for such a probe has not
yet been answered, CFIF noted.
"Before Senator Kennedy attacks President Bush or other leaders for having a
credibility problem, he ought to look at himself and his own staff,"
Mazzella concluded.
"The staffers who wrote this memo have obviously committed a serious ethical
breach. Senator Kennedy ought to acknowledge whether he is guilty of the
same major ethical violations."
Progressives are mere Socialists who plan on being
"In Charge" after they make everyone else "equal".
Yaketyak
By Susan Jones
CNSNews.com Morning Editor
April 07, 2004
(CNSNews.com) - A government watchdog group says it knows who wrote an
incriminating memo to Sen. Ted Kennedy, recommending that he delay the
confirmation of one of President Bush's judicial nominees -- apparently to
influence the outcome of an important pending case.
According to The Center for Individual Freedom, two of Sen. Kennedy's former
aides -- in a memo dated April 17, 2002 -- recommended that he delay the
confirmation of Judge Julia Smith Gibbons to the U.S. Court of Appeals for
the 6th Circuit. The reason? To influence the outcome of the University of
Michigan affirmative action cases, then pending before the 6th Circuit
appeals court, CFIF said.
Olati Johnson, then Judiciary counsel to Senator Kennedy, wrote the memo,
CFIF said. Melody Barnes, who at the time was chief counsel to Senator
Kennedy, joined in the memo's recommendation that Judge Gibbons'
confirmation be delayed. In all copies of the memo that have been made
public, Johnson's and Barnes' names have been redacted, CFIF noted.
Johnson's job history is key to the story, the Center for Individual Freedom
said.
Immediately before joining Senator Kennedy's staff in September 2001, Olati
Johnson was assistant counsel at the NAACP Legal Defense and Educational
Fund. There she served as co-counsel for Elaine R. Jones.
Jones had a direct interest in the outcome of the University of Michigan
undergraduate school affirmative action case; she served as counsel for one
of the parties.
In fact, according CFIF, Olati wrote the memo urging Kennedy to delay Judge
Gibbons' confirmation based on a telephone request from Elaine Jones.
According to CFIF, "The revelation that Johnson authored the memo,
responding to a request from her former colleague, raises significant new
ethics questions regarding the highly publicized affirmative action cases
and Democratic efforts in the U.S. Senate to obstruct judicial
confirmations.
"As co-counsel in the University of Michigan case, Johnson exceeded the
bounds of acceptable advocacy with her recommendation to Senator Kennedy."
The Center noted that both Olati Johnson and Melody Barnes raised ethical
concerns about the April 17 memo to Sen. Kennedy: "[Melody Barnes] and I are
a little concerned about the propriety of scheduling hearings based on the
resolution of a particular case," Johnson wrote.
Their memo also specified the rationale for the delay: "The thinking is that
the current 6th Circuit will sustain the affirmative action program, but if
a new judge with conservative views is confirmed before the case is decided,
that new judge will be able, under 6th Circuit rules, to review the case and
vote on it."
According to the Center for Individual Freedom, Olati's memo noted that the
"6th Circuit is in dire need of additional judges" and that Judge Gibbons
was an "uncontroversial nominee." CFIF said those two remarks indicate there
was no reason to delay Gibbons' confirmation - other than to affect the
outcome of the case in question."
"The scandal is growing," said CFIF Executive Director Jeffrey Mazzella.
"First we learn that Elaine Jones tried to affect a pending case by stacking
the judicial deck in her favor. Now it turns out that she enlisted the help
of her former employee, Olati Johnson, who was a co-counsel in the
University of Michigan undergraduate affirmative action case before she
worked for Senator Kennedy."
CFIF has run several advertisements in recent weeks, urging Sen. Kennedy and
other Senate Judiciary Committee Democrats to come clean about the memos.
"Two of Kennedy's closest advisors recommended that he engage in improper
conduct," Mazzella said on Tuesday. "It's time for Senator Kennedy to answer
the key question in this mushrooming scandal: did he try to influence a
major pending case by obstructing a judicial nominee? This revelation
demonstrates beyond any doubt that his staff did."
The Center for Individual Freedom is among a number of groups demanding a
Senate Ethics Committee investigation. The request for such a probe has not
yet been answered, CFIF noted.
"Before Senator Kennedy attacks President Bush or other leaders for having a
credibility problem, he ought to look at himself and his own staff,"
Mazzella concluded.
"The staffers who wrote this memo have obviously committed a serious ethical
breach. Senator Kennedy ought to acknowledge whether he is guilty of the
same major ethical violations."
Progressives are mere Socialists who plan on being
"In Charge" after they make everyone else "equal".
Yaketyak