Friday, January 06, 2006


FISA Judges Violating the Judicial Canons?

Andrew McCarthy makes some great points in his NRO column today. It appears that the secret FISA judges (the ones responsible for the terrorist warrants that have caused so much consternation through the New York Times as it relates to President Bush's powers as Commander in Chief) have been speaking anonymously to the Washington Post about active issues dealing with the warrants in question. As McCarthy points out, this is a direct violation of the Judicial Canons (specifically, Canon 3, Section A.(6)), which prohibit public comment on a pending action. What makes this so egregious, as McCarthy states, is that these judges are commenting on the merits of the action - an action that directly relates to the security of this nation during a time of war.

As regular readers will attest, VOLuntarilyConservative (admittedly) suffered during my recent appointment with the State when I was under three different sets of Judicial Canons. You simply have to prohibit commenting on issues which may come before you, nor can you transmit statements that show bias towards one litigant. McCarthy is right - these judges are not fit to serve. Judging is a difficult occupation, but it does not seem that these individuals are up to the task. Their respective state licensing bodies might also be interested in their behavior.

Clarice Feldman at The American Thinker (in a letter picked up by The Rush Limbaugh Show) has asked Attorney General Alberto Gonzales to investigate and, if necessary, take the appropriate actions against these judges. Both Clarice and Andrew are absolutely on the money with their assessments.

For much more on these leaking judges, check out the Strata-Sphere.

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