Chicago News Conference: Federal judge in Dennis Hastert case partially agrees with Andy Martin
Conservative New Hampshire Republican Party activist and law
professor Andy Martin will hold a Chicago news conference Thursday, June 11th
to discuss his efforts to have Judge Thomas Durkin recused from the case of
former Speaker Dennis Hastert. Andy originally exposed Speaker Hastert’s
homosexual situation in 2010. Judge Durkin agreed with the claims made in
Andy’s prior letter to the judge (the original letter is reflected on the
docket sheet) concerning the appearance of bias. Andy is now asking the judge
not to allow Hastert and the U. S. Attorney to “waive” the admitted appearance
of bias. Andy’s latest letter to Judge Durkin follows below.
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FOR
IMMEDIATE RELEASE:
Attention
Chicago, National daybook/assignment editors
Announcement
of Chicago noon
Andy
Martin says Judge Thomas Durkin cannot allow Speaker Hastert and the U. S.
Andy
has appeared previously in federal court to successfully argue against the U. S.
(CHICAGO , IL June 11, 2015 )
National
Anti-Corruption Policy Institute
One of America
Global
Headquarters: New
York
Andy Martin, J.D.
Adjunct Professor of Law
Executive Director
Hon. Thomas M. Durkin
219 S. Dearborn
Re: U.S.
Recusal of the Court for appearance of bias
Dear Judge Durkin:
I am following up on my prior letter asking the Court to
recuse itself due to the appearance of bias.
I was gratified to see that you agreed with me, that there
is indeed an appearance of bias in the eyes of a reasonable person concerning
your participation in the current case, when a judge who has previously
contributed to the campaign account of a defendant is subsequently assigned to
hear a case involving that defendant.
By seeking to have you recused I mean no disrespect.
Nevertheless, I believe recusal is mandated, not discretionary based on a
potential “waiver” by counsel of the appearance issue.
By way of introduction, I have prior experience challenging
judges for bias involving campaign contributions, as well as seeking to be
heard as a representative of the broader public interest in contravention of
the U. S. Attorney and attorneys for criminal defendants.
In 1978 I exposed that Peoria U. S. District Judge Robert
Morgan (as I remember the name) had made a campaign contribution to Senator
Charles Percy. Judge Morgan was very irritated when I exposed his contribution
because his name was on a supposedly “secret” list of contributors to Senator
Percy. The judge conceded the appearance of bias and recused himself.
The Seventh Circuit once wrote an opinion reciting my
“legion” of battles with district judges over ethical lapses on the federal
bench (the opinion reversed a district judge).
In a more apropos case in 1978, I appeared before U. S.
District Judge (now circuit judge) Joel Flaum in a criminal case involving
(don’t hold me to the exact names) Tom Bowler and the Brighton-Krug
Construction Company. The U. S. Attorney and defendants’ counsel had negotiated
a plea agreement, involving a nolo plea that would have negated any use of the
plea in subsequent civil litigation.
Despite being somewhat troubled, Judge Flaum agreed with me,
allowed me to be heard, and I proceeded to explain why the plea agreement was a
bad deal for the public interest. Judge Flaum rejected the plea agreement, the
defendants went to trial, they were convicted and a critical arm of the (original)
Daley Machine organization was dismembered. As a result of my efforts taxpayers
made a significant recovery.
So I go back a long way in seeking to hold federal judges to
the highest standards involving the law concerning any appearance of partiality
or impropriety regarding the reaction of a “reasonable” member of our society.
I would respectfully request that you follow Judge Flaum’s
approach and allow me to be heard in this matter. There is no question that
whatever “deal” Speaker Hastert receives from the Court, most people will feel
he got off lightly. Mr. Hastert, moreover, is no ordinary defendant; otherwise
I would not be seeking to hold you to the punctilio of the law.
I can also cite you chapter and verse when the supposedly
neutral assignment “wheel” has been manipulated to steer cases to biased
judges. Over the decades federal court has not been immune from political
corruption.
Since I first walked into 219 S. Dearborn
exactly fifty years ago this month, in June, 1965, my commitment has always
been to the public interest.
Fighting for the amorphous rights of the public often
encourages others, particularly our highly cynical media in Chicago ,
to ridicule my legal positions or to accuse me of being on a fool’s errand. But
in the sweep of half a century, very few of my predictions, pronouncements or
legal positions have been proven unfounded.
I exposed Speaker Hastert’s homosexuality in 2010, as my
public blog postings confirm.[1]
The media attacked me in 2010 for telling the truth about Speaker Hastert and
Mark Kirk. But as you can now see, in due course I was vindicated.
I continue my corruption-fighting efforts with unabated
vigor after half a century of devotion to the public interest.
I am flying to Chicago
Thursday to lay a foundation for challenging any decision by Your Honor to
remain in the case. I earnestly feel that you should not allow your prior
contributions to become a distraction involving the Speaker’s prosecution. And
while I am aware that judges occasionally let defendants waive conflicts
arising out of combined representation, I am not aware of any high-profile case
where, once a judge acknowledges that the reasonable person standard applies
and that the appearance of bias is present, that counsel may waive that bias.
Defendants have a right to a fair and impartial trial. But
so does the general public. The best approach would be for a judge from outside
the Northern District to be appointed to sit, but I do not expect that to
happen. Given your own prior relationship with the defendant, I respectfully
believe that recusal is not discretionary and may not be waived by the parties.
I have emailed a copy of this letter to both the U. S.
Attorney’s office and Defendant Hastert’s counsel (see below).
Respectfully submitted,
ANDY MARTIN
AM:sp
cc:
steven.block@usdoj.gov,
USAILN.ECFAUSA@usdoj.gov,
tcgreen@sidley.com,
jgallo@sidley.com,
June 11 Chicago
WHO:
WHAT:
Andy Martin continues to seek the
appointment of a new judge to hear the criminal case against former Speaker
Dennis Hastert
WHERE:
Sidewalk news conference, SE
corner of Huron and Wabash Streets, Chicago (weather permitting; otherwise
indoors)
WHEN:
Thursday, June 11, 12 noon
LINKS TO THIS STORY (cut and paste the entire link below and not
just the underlined portion):
New citations
after emailing:
WHAT OTHERS SAY ABOUT ANDY MARTIN:
One author has
called Andy Martin the “big kahuna” of the anti-[Barack] Obama movement.
Another said “Andy Martin is revolutionizing journalism… [Andy] brings to
online journalism what Rush Limbaugh [brings] to radio or Michael Moore to film:
sleek little stories that fit into larger political narratives…” Another says,
“The only American journalists that are ‘standing UP’ [to Obama] are, Andy
Martin…”
ANDY MARTIN - A BRIEF BIO :
Andy Martin is a
legendary New Hampshire New York Washington USA
Andy has also been a leading corruption fighter in American
politics and courts for over forty-five years and is executive director of the
National Anti-Corruption Policy Institute. See also www.FirstRespondersOnline.us; www.AmericaisReadyforReform.com.
He holds a Juris Doctor degree from the University of
Illinois College of Law and is a former adjunct professor of law at the City
University of New York (LaGuardia CC, Bronx CC).
He is the author
of “Obama: The Man Behind The Mask” [www.OrangeStatePress.com] and produced the
Internet film “Obama: The Hawaii’ Years” [www.BoycottHawaii.com]. Andy is the
Executive Editor and publisher of the “Internet Powerhouse,” blogging at www.contrariancommentary.wordpress.com
and www.ContrarianCommentary.com.
Andy’s family
immigrated to Manchester , New
Hampshire Merrimack River and he lives around the corner from where
he played as a small boy. He is New Hampshire
UPDATES:
www.twitter.com/AndyMartinUSA
www.Facebook.com/AndyMartin
Andy’s columns are also posted at ContrarianCommentary.blogspot.com ContrarianCommentary.wordpress.com
[NOTE: We try to correct any typographical errors in our stories; find the latest version on our blogs.]
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© Copyright by
Andy Martin 2015 – All Rights Reserved
http://andyforussenator.blogspot.com/2010/01/campaign-ad-calls-congressman-mark-kirk.html
http://contrariancommentary.blogspot.com/2010/03/congressman-eric-massa-linked-to-rahm.html
http://contrariancommentary.blogspot.com/2010/07/andy-martin-homosexual-mark-kirk.html
Labels: Andy Martin, Chicago News Conference, Dennis Hastert, Judge Thomas Durkin, Mark Kirk
posted by Andy Martin | 11:44 PM
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