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
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
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):
Hon. Thomas M. Durkin
219 S. Dearborn
Re: U.S.
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.
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
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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
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Labels: ContrarianCommentary.com, corruption fighter, Dennis Hastert, guilty plea, indictment, Presidential candidate Andy Martin, recusal, Thomas M. Durkin
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