On Thursday The BRAD BLOG posted an article in which I offered the legal underpinnings supporting the case for the impeachment of U.S. District Court Judge Martin Feldman in light of his failure to recuse himself due to conflicts-of-interest in Hornbeck Offshore Services vs. Salazar.
The case for unseating the federal judge has grown still stronger at week's end, with new disclosures of his investments in the off shore oil drilling industry and what appears to be a very conscious decision to remain on the case despite them.
New evidence now suggests that the actions of Judge Feldman, at the very outset of the moratorium case, are particularly damning. Those new revelations support not only a case for impeachment against the Reagan-appointee who, as has also come to light, is reportedly a very close friend of Supreme Court Justice Antonin Scalia, but they also reveal a lifetime appointee to the federal bench who is simply unfit to remain in office...
Worse Than Previously Known
Last Tuesday, the Louisiana federal judge rendered an astounding decision to overturn the Obama Administration's six month moratorium on deep water exploratory drilling, affecting some 30 rigs in the Gulf, even as more than three thousand production rigs would remain in full operation. Judge Feldman ruled that the moratorium, adopted in the wake of the disaster still unfolding in the Gulf, was "arbitrary" and "capricious" --- the language required for a federal judge to overturn an agency's decision under the Administrative Procedures Act. The government has said they will appeal the decision.
Quoting from a Democracy Now! news report --- though I could have done so by linking to any number of media reports --- I noted that Judge "Feldman has extensive stock holdings in energy companies, including Transocean, which owned the Deepwater Horizon oil rig where the explosion occurred, and Halliburton, which also performed work at the site. Judge Feldman also owns stock in two of BP’s largest shareholders, BlackRock and JPMorgan Chase."
That original report resulted in a number of anonymous oil industry apologists quickly descending on our comments section to level uncited claims that Judge Feldman had divested his industry holdings two years ago.
"He owned those stocks in 2008. He didn't own them when he was assigned the case," anonymous commenter "URSheep" sniffed, adding: "EPIC FAIL".
"Who knew stocks he no longer holds can be held up as a conflict of interest...oh, that's right, this blog and most media outlets," snarked "Menlo Bob" who concluded: "Thanks guys for the mis-information."
As it turns out, however, the original media reports on Judge Feldman's holdings in the oil industry were based on his 2008 financial disclosure statement, the latest available at the time. They were not, as his newly released 2009 financial disclosure statement has since revealed, fully up to date. Indeed, we now learn that Judge Feldman sold-off his interest in Halliburton and some of his offshore holdings, but did not divest his interest in "all" of those holdings --- not by a long shot.
Judge Feldman continues to be heavily invested in the oil industry, including in BP's top shareholder, BlackRock, and, perhaps even more incredibly, until the very day he announced his finding in the case, he owned stock in Exxon-Mobil, owner of one of the Gulf rigs temporarily shut down by the moratorium.
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http://www.bradblog.com/?p=7915