Thursday, November 10, 2005

You Name It, They'll Do It: Harry Reid and Ted Kennedy Do the Far Left's Bidding in Desperate Attacks on Judge Alito, Says RNC

WASHINGTON, Nov. 10 /U.S. Newswire/ -- "The latest attempts by Democrats to smear Judge Alito are nothing short of outrageous. Working with left-wing special interest groups, Harry Reid and Ted Kennedy know they can't argue Judge Alito's qualifications, know they can't argue the hearing schedule, and are afraid to have an honest debate on the proper role of the judiciary in America today. As two of America's leading legal experts have pointed out, these desperate attacks are nothing but a red herring," said Ken Mehlman, Republican National Committee chairman.

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Earlier This Month, (Alliance For Justice's Nan) Aron Proclaimed, "You Name It, We'll Do It" To Oppose Alito. (Jim Drinkard, Judy Keen and Kathy Kiely, "Bush Nominates Alito For Supreme Court," USA Today, 11/1/05)

Nan Aron And Sen. Ted Kennedy (D-MA) Have Teamed Up To Oppose Judge Samuel Alito:

"In Ted Kennedy's Senate Office -- Where No Lobbying Is Needed -- (Alliance For Justice's Nan) Aron, Lobbyist Richard Woodruff And Rosenthal Sit Down With An Aide To See How The Alliance Can Help." (Marcia Davis, "Her Idea of Justice: Absolutely Not Alito," The Washington Post, 11/9/05)

-- "'Just Keep Sending Us Research,' The Aide Tells Them." (Marcia Davis, "Her Idea of Justice: Absolutely Not Alito," The Washington Post, 11/9/05)

Kennedy Baselessly Attacks Judge Alito:

"Sen. Edward Kennedy Is Asking Supreme Court Nominee Samuel Alito To Explain His Holdings Of Vanguard Mutual Funds And Disqualify Himself From Cases Related To The Company." (Robert Schroeder, "Kennedy Queries Alito About Vanguard Case," CBS MarketWatch, 11/8/05)

-- "Kennedy, D-Mass., A Key Member Of The Senate Judiciary Committee, Sent A Letter To Alito On Tuesday Asking Why The Judge Heard A Case In August 2002 In Which Vanguard Companies Were Mentioned." (Robert Schroeder, "Kennedy Queries Alito About Vanguard Case," CBS MarketWatch, 11/8/05)

Legal Ethics Experts Assert That Alito Did Not Violate The Rules Of Ethics:

Professor Ronald D. Rotunda: "(N)either Federal Statutes, Nor Federal Rules, Nor The Model Code Of Judicial Conduct Of The American Bar Association Provide That A Judge Should Disqualify Himself In Any Case Involving A Mutual Fund Company (E.G., Vanguard, Fidelity, T. Rowe Price) Simply Because The Judge Owns Mutual Funds That The Company Manages And Holds In Trust For The Judge." (Ronald D. Rotunda, Professor Of Law George Mason University, Letter To Senator Arlen Specter, 11/4/05)

-- Rotunda: "(T)he Ethics Rules Make Clear That A 'Depositor In A Mutual Savings Association, Or A Similar Proprietary Interest (E.G., Vanguard), Is A 'Financial Interest' In The Organization Only If The Outcome Of The Proceeding Could Substantially Affect The Value Of The Interest.'" (Ronald D. Rotunda, Professor Of Law George Mason University, Letter To Senator Arlen Specter, 11/4/05)

-- Rotunda: "Judge Alito's Decision In A Case That A Pro Se Litigant Filed And Lost At Every Level, As Not A Case Where The Outcome Of The Proceeding Could 'Substantially Affect' The Value Of His Vanguard Mutual Funds. Indeed, The Judge Simply Had No Financial Stake In This Case." (Ronald D. Rotunda, Professor Of Law George Mason University, Letter To Senator Arlen Specter, 11/4/05)

Professor Geoffrey C. Hazard, Jr.: "In My Opinion Judge Alito Handled (The Vanguard Case) Quite Properly, In Correcting A Situation In Which He Can Be Said To Have Made A Mistake About Recusal." (Geoffrey C. Hazard, Jr., Professor Of Law University Of Pennsylvania, Letter To Senator Arlen Specter, 11/3/05)

-- "In My Opinion Judge Alito's Initial Participation In That Appeal Was Not Improper Under 26 U.S.C.ยง455, Which Establishes The Governing Rules." (Geoffrey C. Hazard, Jr., Professor Of Law University Of Pennsylvania, Letter To Senator Arlen Specter, 11/3/05)

In 1994, Sen. Kennedy Quite Properly Took The High Road When Judge Stephen Breyer Was Questioned Over Recusals:

"The White House Scrambled ... To Defuse Perhaps The Most Thorny Potential Problem Area For Breyer - Possible Conflicts Of Interest Over His Investment In Lloyd's Of London. Recent Media Reports Have Raised Questions About Whether Breyer Should Have Recused Himself From Eight Superfund Toxic Waste Cases That Indirectly Affected The Global Insurance Syndicate." (Andrew Miga, "Breyer To Face Questions On Superfund Cases," The Boston Herald, 7/12/94)

-- "Breyer Reportedly Recused Himself From Cases Involving Asbestos Damage, But Made Rulings On Superfund Cases." (Andrew Miga, "Breyer To Face Questions On Superfund Cases," The Boston Herald, 7/12/94)

"Sen. Edward M. Kennedy And Sen. Howard M. Metzenbaum, Democrat Of Ohio, Squabbled Over Whether Breyer Had Exercised Poor Judgment In Ruling On Environmental Cases While He Held Investments In A Firm That Insures Polluters." (Ana Puga, "Biden Accuses Breyer Of Elitism," The Boston Globe, 7/15/94)

-- "Metzenbaum Appeared To Irritate Kennedy, Biden And Sen. Orrin G. Hatch Of Utah, The Committee's Senior Republican, By Raising Questions About Breyer's Investments In Lloyd's Of London, A Subject The Committee Leaders Had Hoped To Dismiss On Tuesday When Breyer Vowed To Divest Himself Of The Investment." (Ana Puga, "Biden Accuses Breyer Of Elitism," The Boston Globe, 7/15/94)

-- Kennedy: "You've Asked For My Opinion Whether Judge Breyer's Committed A Violation Of Judicial Ethics In Investing In Lloyds Name And Insurance Underwriting While Being A Federal Judge. In My Opinion, There Was No Violation Of Judicial Ethics." (Sen. Edward Kennedy, Committee On The Judiciary, U.S. Senate, Hearing, 7/14/94)

Ruth Bader Ginsburg Also Faced Inconsequential Questions Over Recusals:

"Supreme Court Justice Ruth Bader Ginsburg May Have Violated A Federal Law 21 Times Since 1995 By Participating In Cases Involving Companies In Which Her Husband Owned Stock." (Richard Carelli, "Justice Took Part In Cases Involving Husband's Stocks," The Associated Press, 7/10/97)

"Appointed To The Nation's Highest Court By President Clinton In 1993, Justice Ginsburg Did Not Disqualify Herself In Cases Involving Eight Companies In Which Her Husband Owned Common Stock In 1995 And 1996. The Companies Are Nynex, Exxon, General Electric, American International Group, Procter & Gamble, Johnson & Johnson, American Home Products And AT&T." (Richard Carelli, "Justice Took Part In Cases Involving Husband's Stocks," The Associated Press, 7/10/97)

"The Problematic Stock Holdings Are Traceable To A Smith Barney Account Martin Ginsburg Opened Sometime In 1995." (Richard Carelli, "Justice Took Part In Cases Involving Husband's Stocks," The Associated Press, 7/10/97)

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Paid for by the Republican National Committee. Not authorized by any candidate or candidate committee.

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