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Wednesday, October 28, 2015

News conference: GOP presidential Andy Martin renews request for federal judge to step down in Dennis Hastert’s criminal case

GOP presidential candidate, Illinois political expert and national corruption fighter Andy Martin will hold a telephone news conference today, October 28th to renew his request that the federal judge hearing former U. S. House Speaker Dennis Hastert’s case step down. The judge previously gave a campaign contribution to Hastert. Andy’s letter to the judge is self-explanatory.
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FOR IMMEDIATE RELEASE:

Attention Illinois, Washington, New York, National daybook/assignment editors

Announcement of telephone news conference Wednesday, October 28

Conservative columnist and Republican Party maverick Andy Martin renews request for Hastert judge to step down

Andy says that judge’s insistence on sentencing someone he gave a campaign contribution to disgraces Chicago “justice”

Andy says that the judge is acting as an accomplice to a political cover-up

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(Chicago) (October 28, 2015) GOP presidential candidate, conservative columnist and corruption investigator Andy Martin will hold a telephone news conference today, October 28th to renew his request that the judge hearing former U. S. House Speaker Dennis Hastert’s criminal case step down. Andy’s latest letter to the judge follows (the letterhead is redacted):

October 28, 2015

Hon. Thomas M. Durkin
U.S. District Judge
219 S. Dearborn
Chicago, IL 60604

Re: U.S. v. Hastert, 1:15-cr-00315-1

Renewed request for recusal of the Court for appearance of bias

Dear Judge Durkin:

This letter is being served on both counsel for the United States and counsel for the Defendant (see below).

With the utmost respect for the Court as an institution, and in light of the Defendant’s guilty plea, I am respectfully renewing my request that you step down as a presiding judge in the above case. I believe your continued assignment to the Hastert case does serious damage to the integrity of the administration of justice in your Court.

1. Prior history

After Mr. Hastert was indicted you admitted there was an appearance of bias and you left it up to the parties to resolve the appearance of bias as a private matter without regard to any countervailing public interest. Prior to becoming a judge, you gave Mr. Hastert a campaign contribution. In fact, that act was the basis of your admission that there was an appearance of bias. Consequently, given your admission, I don’t have to establish the “appearance” question; you have conceded the matter. The only issue is whether the public also has a right to a neutral and detached judicial proceeding.

Given the sordid history of political and judicial corruption in Illinois, the need for judges to respect the public’s right to the fair and impartial administration is paramount. As a young law student I was a small part of the media investigation that culminated in the removal of two justices of the Illinois Supreme Court (Klingbiel and Solfisburg). The court later retaliated against me for my youthful display of integrity. I realized then that there was no way an advocate could serve both private clients and public integrity, and I have happily devoted my life to investigating, exposing and fighting corruption and the appearance of corruption or bias in our public life.

2. Guilty plea

Mr. Hastert has apparently agreed to plead guilty and will do so today.

3. The independent and overriding public interest

Although you have framed the public’s right to a fair and impartial judge as one that may be “waived” by the parties, and one that apparently belongs exclusively to the Defendant, there is a much broader public interest in the appearance of justice. The local media are already treating your acceptance of a plea as part of a cover-up of Mr. Hastert’s criminal scheme:

http://chicago.suntimes.com/news/7/71/1049432/hastert-poised-plead-guilty-protect-3-5-million-secret

You are proposing to accept a plea that would clearly result in such a cover-up and also conceal the identity of the victim of Hastert’s original scheme. When have you ever heard of a criminal case where the victim’s identity is kept secret, and the details of the overall pattern of criminal activity are concealed from public view? There is no way you can escape the appearance that you are fostering this cover-up.

The most awesome power that a federal district judge exercises is the power to incarcerate someone convicted of a criminal violation. If you impose a lenient sentence, the appearance of a “fix” will be inevitable. If you impose a harsh sentence the appearance that you bent over backwards to avoid the appearance of a fix will be equally unavoidable, thereby imposing an injustice on the Defendant. There is no way you can avoid an appearance of impropriety.

The fact that the victim’s identity has been concealed, and the nature of the original criminal extortion scheme has also been concealed, do violence to the First Amendment and to the public’s right to know. No basis has been shown to shield Mr. Hastert from the disclosure of his lifetime of impropriety and apparent criminal activity. In fact, there is a likelihood that other victims exist. By concealing the nature of Hastert’s misconduct you discourage others from coming forward.

Protecting politically powerful defendants from public disclosure of their unlawful activity is not a legitimate objective of the criminal justice system or an appropriate exercise of prosecutorial discretion.

Adding to the public injustice that you are aiding and abetting, it is likely that the “victim” was also engaging in criminal activity. Putting aside the Defendant’s long-ago unlawful activity, there is an overwhelming appearance that Mr. Hastert was being extorted and that he was paying hush money. Under these circumstances, the identity of the “victim” becomes much more important.

Up until now, your actions have largely been ministerial and administrative. But when you move into the sentencing phase, you will begin to exercise the broad discretion of your office.

I urge you to reconsider your role in the above matter, and to step aside so that an impartial judge may be substituted. Frankly, given Mr. Hastert’s former position, I believe the wise choice would be to request that the Seventh Circuit assign a judge from outside the State of Illinois to preside.

You worked hard to establish a legal career that convinced the U. S. Senate to confirm you as a federal judge. Why would you undermine your own career by presiding in a case where you yourself admit that your impartiality can be questioned by reasonable people?

Because there will no doubt be a delay between acceptance of the plea and imposition of a sentence I have some time to consider available remedies. I would respectfully request that you enter an appropriate order on my request so that if I decide to seek review of your action or inaction through an extraordinary writ I may do so.

Respectfully submitted,

ANDY MARTIN

AM:sp

Note: this news conference was delayed from October 25th due to Andy’s travel requirements.

October 28, 2015 [TELEPHONE] News Conference Details:

WHO:
         
Republican presidential candidate, Illinois political expert and conservative columnist Andy Martin

WHAT:
    
Andy Martin renews his request for the Hastert judge to step down

WHERE:

Telephone news conference:

Dial-in Number: 1-800-466-8543

Conference Code: 510518

WHEN:

Wednesday, October 28 – 12:00 noon. (CDT) (1:00 P. M. EDT)

LINKS TO THIS STORY (cut and paste the entire link below and not just the underlined portion):

http://chicago.suntimes.com/news/7/71/1049432/hastert-poised-plead-guilty-protect-3-5-million-secret

New citations after emailing:

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Andy Martin is a legendary New Hampshire, New York and Chicago-based muckraker, author, Internet columnist, talk television pioneer, radio talk show host, broadcaster and media critic. With forty-seven years of background in radio and television and with five decades of investigative and analytical experience in Washington, the USA and around the world, Andy provides insight on politics, foreign policy, intelligence and military matters. For a full bio, go to: www.AndyMartin.com; also see www.BoycottABC.com/executive_director.htm

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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.

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