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MelissaB

(16,420 posts)
Sat Oct 6, 2018, 11:03 AM Oct 2018

Merrick Garland Has Recused Himself From The Ethics Complaints Against Brett Kavanaugh

Source: BuzzFeed News

Multiple ethics complaints have been filed against Kavanaugh, including about his heated Senate testimony last week.

Chief Judge Merrick Garland disqualified himself from handling ethics complaints against US Supreme Court nominee Brett Kavanaugh, the US Court of Appeals for the DC Circuit announced Saturday morning.

The statement did not explain why Garland — whose own nomination to the Supreme Court in 2016 was unsuccessful after Republicans refused to act on it — had decided to step aside, or provide an update on the status of the complaints.

Multiple ethics complaints have been filed against Kavanaugh in his current court, the US Court of Appeals for the DC Circuit, about his testimony in recent weeks in the US Senate and his response to allegations of sexual misconduct. The chief judge of the circuit normally handles ethics cases, but they have discretion to step aside if they conclude "circumstances warrant disqualification," under the federal judiciary's rules.

If the chief judge is disqualified, the complaint falls to the next most senior judge of the court, in this case Judge Karen LeCraft Henderson, who issued Saturday's statement. The fact that the statement came from the DC Circuit suggests it hasn't been transferred to another circuit.

Read more: https://www.buzzfeednews.com/article/zoetillman/merrick-garland-has-recused-himself-from-the-ethics

38 replies = new reply since forum marked as read
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Merrick Garland Has Recused Himself From The Ethics Complaints Against Brett Kavanaugh (Original Post) MelissaB Oct 2018 OP
He was right to do so. femmedem Oct 2018 #1
+1. nt Honeycombe8 Oct 2018 #23
That was the smart and proper thing to do. That way he can't be accused of taking action The Velveteen Ocelot Oct 2018 #2
That is because Garland has integrity, decency and character. Kavanaugh is the antithesis of those. Guilded Lilly Oct 2018 #3
Yes, he does. Scarsdale Oct 2018 #8
And had Gorsuch had any decency, he would have refused the post and insisted that Garland be first LiberalLovinLug Oct 2018 #28
I can't tell you how many times Control-Z Oct 2018 #36
Yes of course LiberalLovinLug Oct 2018 #37
Agree 100%. nt MBS Oct 2018 #12
Had Scalia and Thomas had integrity, decency and character. . . Stargleamer Oct 2018 #15
A man with ethics . . . Iliyah Oct 2018 #4
If the shoe was on the other foot, no way K would recuse JDC Oct 2018 #5
Exactly. Or any repuke for that matter. Auggie Oct 2018 #14
Thanks to the footsteps of conflict-of-interest-flaunting Scalia. JudyM Oct 2018 #32
And Kav won't recuse himself when women's issues go before the Court. totodeinhere Oct 2018 #34
Thank you, Chief Judge Garland. Paladin Oct 2018 #6
A proper recusal Pantagruel Oct 2018 #7
He will not care. Scarsdale Oct 2018 #10
The conscience of a qualified SCOTUS nominee Raven123 Oct 2018 #9
Of course this is the ellie Oct 2018 #11
It's a pity BlueIdaho Oct 2018 #13
I'm afraid you are right, and it enrages me. n/t totodeinhere Oct 2018 #35
These are the moments recentevents Oct 2018 #16
When lawyer wars become judge wars, we're in trouble. Kagan said there is no middle anymore. ancianita Oct 2018 #17
Don't worry, Kavanaugh has assured Susan Collins that he will do the same Still In Wisconsin Oct 2018 #18
The honorable and correct decision from a judge who SHOULD be on the U.S. S. C. maddiemom Oct 2018 #19
Keep an eye on his replacement, Judge Henderson. She comes out of the Reagan/Bush South. ancianita Oct 2018 #20
A Judge who's not a lowlife pile of shit, after these last two weeks I almost forgot they exist. Snake Plissken Oct 2018 #21
He did the right thing meow2u3 Oct 2018 #22
That's the honorable thing to do. However... calimary Oct 2018 #24
No Republican would do that world wide wally Oct 2018 #25
Screw that brokephibroke Oct 2018 #26
Most likely, Judge Garland just wants to Progressive Jones Oct 2018 #27
Integrity k-dub Oct 2018 #29
Whatever... UncleTomsEvilBrother Oct 2018 #30
A real jurist...sigh (nt) B Stieg Oct 2018 #31
Garland is an ethical attorney and judge Gothmog Oct 2018 #33
Why is this a conflict of interest that he has to recuse himself? clementine613 Oct 2018 #38

femmedem

(8,207 posts)
1. He was right to do so.
Sat Oct 6, 2018, 11:05 AM
Oct 2018

Avoiding the appearance of partisanship or impropriety.

What could have been, dammit.

The Velveteen Ocelot

(115,836 posts)
2. That was the smart and proper thing to do. That way he can't be accused of taking action
Sat Oct 6, 2018, 11:06 AM
Oct 2018

against Kavanaugh based on any alleged resentment over Kavanaugh getting the Supreme Court appointment that rightfully should have been Garland's.

Scarsdale

(9,426 posts)
8. Yes, he does.
Sat Oct 6, 2018, 11:17 AM
Oct 2018

All qualities that belong in justices of the SC. If Kavenaugh had any decency, he would have stepped aside as soon as the first accusations came up. He is a typical gop member. Imagine for a moment if President Obama had put forward a man of his negative qualities as a nominee for the SC? The gop decided Garland was way too DECENT for the SC, so they are backing slimeball Kavenaugh, since he represents their own "qualities"

LiberalLovinLug

(14,176 posts)
28. And had Gorsuch had any decency, he would have refused the post and insisted that Garland be first
Sat Oct 6, 2018, 02:42 PM
Oct 2018

to be, at least, considered.

Control-Z

(15,682 posts)
36. I can't tell you how many times
Sun Oct 7, 2018, 01:38 AM
Oct 2018

I've thought just this. I've also applied the same to the 2016 GE, had the winner been a man or woman of good character.

I believe with every fiber in me that if the tables were turned and Hillary had won because of cheating the way the WH squatter did - Comey, the Russians, stolen emails, purged voter rolls - all if it, any of it, she would have made a statement about the disappointment of possibly winning unfairly and would have called for an investigation.

She is probably the most honest and ethical politician of my lifetime.

LiberalLovinLug

(14,176 posts)
37. Yes of course
Sun Oct 7, 2018, 12:30 PM
Oct 2018

Any decent, fair minded, incoming President that was NOT COLLUDING but had heard from the FBI and others that Russia may have influenced the election should have been on the war path (metaphorically) And even if it was revealed that it was yourself they helped, that should not matter. At the very least PRETEND to give a crap about it.

But from day one it was a childish "no they didn't help me.....they helped her!!!" or "witch hunt!" etc... All that does is inflame his base. And it helps that he has a whole TV network to repeat his childish rants.

Stargleamer

(1,990 posts)
15. Had Scalia and Thomas had integrity, decency and character. . .
Sat Oct 6, 2018, 12:36 PM
Oct 2018

they would have recused themselves in Bush vs. Gore, and we would have gotten Al Gore as president.

JDC

(10,133 posts)
5. If the shoe was on the other foot, no way K would recuse
Sat Oct 6, 2018, 11:11 AM
Oct 2018

Garland - Fair and Proper
Kava - Partisan hack

Paladin

(28,272 posts)
6. Thank you, Chief Judge Garland.
Sat Oct 6, 2018, 11:16 AM
Oct 2018

We were in strong need of such a principled stance, after this past week.

 

Pantagruel

(2,580 posts)
7. A proper recusal
Sat Oct 6, 2018, 11:17 AM
Oct 2018

Had Garland ruled the complaint had merit, everyone would have questioned his motives- a no brainer.Let another judge handle it.

But BK will face similar issues upon ascending to the SCOTUS.
Half the country will scoff at most of his decisions as products of his bias.

BlueIdaho

(13,582 posts)
13. It's a pity
Sat Oct 6, 2018, 12:23 PM
Oct 2018

Barfing Brett doesn’t have the respect for the courts Judge Garland has. Creepy Kavanaugh has aleready warned more than half the country the “What goes around comes around.” So the only thing to expect from his lifetime appointment is endless revenge for the bench.

 

Still In Wisconsin

(4,450 posts)
18. Don't worry, Kavanaugh has assured Susan Collins that he will do the same
Sat Oct 6, 2018, 01:11 PM
Oct 2018

in any similar situation. What reason have we to doubt what moderate Senator Collins assures us to be true?

maddiemom

(5,106 posts)
19. The honorable and correct decision from a judge who SHOULD be on the U.S. S. C.
Sat Oct 6, 2018, 01:24 PM
Oct 2018

Trump and his sycophants taint everything. BUT nobody can remain so dumb for so long. Although not a native, I lived in southern West Virginia and eastern Kentucky for many years and have stayed in touch with many friends. These are, of course, mainly business and professional people, but have a strong involvement in the health of the community. The coal mines (and I'm an ex wife of a mining engineer/manager). are finished. Hillary had the right idea for reviving this area, but presented it in astoundingly stupid way. (check her website? SURE.)

ancianita

(36,133 posts)
20. Keep an eye on his replacement, Judge Henderson. She comes out of the Reagan/Bush South.
Sat Oct 6, 2018, 01:30 PM
Oct 2018

How she sees the Judicial Code of Conduct will be telling.

If she rules against the plaintiffs, they will likely have no further legal recourse.

meow2u3

(24,772 posts)
22. He did the right thing
Sat Oct 6, 2018, 01:35 PM
Oct 2018

Judges are required to recuse themselves. Judge Garland had a conflict of interest, namely that he should have been Justice Garland.

calimary

(81,466 posts)
24. That's the honorable thing to do. However...
Sat Oct 6, 2018, 01:55 PM
Oct 2018

It is becoming more and more clear to me that doing the noble and honors thing doesn’t get you anywhere. The only way to win, anymore, is to be as ruthless as possible. And if it means fighting dirty and cheating, then those are the new rules in this dark and dismal new era.

The ONLY way fighting fair works is IF BOTH SIDES ARE WILLING TO DO IT THAT WAY.

And we clearly see that our opponents refuse to make such an agreement (and then, of course, follow through on that agreement). They know and understand that if they can cheat, then they’ll win. Every time.

That old cliche is proven: nice guys finish last.

 

k-dub

(97 posts)
29. Integrity
Sat Oct 6, 2018, 03:07 PM
Oct 2018

If Dems act like THIS, we will eventually win. Today is a gut punch as my main issues are money in politics, free speech, environment, civil rights for ALL human beings and the court will now be an affront to this, but we must fight on and we must do it with character. My wife is so upset she was babbling about leaving the country last night (yea we were into the wine, but...)....I implored her that this is OUR country too and we should fight for it.

Judge Garland would have been a tremendous SC justice. Fuck the Republican Party to hell and back.
30. Whatever...
Sat Oct 6, 2018, 03:47 PM
Oct 2018

...this was the right thing to do, but if I'd filed the ethics complaint, I'd be upset.

Merrick Garland is on the Court of Appeals because he is highly qualified (over qualified probably). I trust him enough to make the right decision and to be fair in his decision making.

This high road stuff seems to based on privilege.

clementine613

(561 posts)
38. Why is this a conflict of interest that he has to recuse himself?
Mon Oct 8, 2018, 08:50 PM
Oct 2018

The seat that was stolen from him was Gorsuch's, not this one.

If there was an issue with Gorsuch's seat, I could see a reason to recuse.

Or does he plan to recuse himself from all future investigations on SCOTUS justices?

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