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onenote

(46,150 posts)
12. not required to recuse.
Mon Jun 3, 2024, 10:14 PM
Jun 2024

Trump v Clinton, SDFL, 4/6/22 ("The law is well settled that appointment to the bench by a litigant, without more, will not “create in reasonable minds, with knowledge of all the relevant circumstances that a reasonable inquiry would disclose, a perception that [the judge’s] ability to carry out judicial responsibilities with integrity, impartiality, and competence [would be] impaired.” Straw v United States, 4 F.4th 1358, 1363 (Fed. Cir. 2021) (“There is no support whatsoever for the contention that a Judge can be disqualified based simply on the identity of the President who appointed him.”);MacDraw Inc. v. CIT Grp. Equip. Fin., Inc., 138 F.3d 33, 38 (2d Cir. 1998) (appoint-ment by a particular administration is not a ground for questioning a judge’s impartiality); McKee v. U.S. Dep’t of Just., 253 F. Supp. 3d 78, 81 (D.D.C. 2017) (“[T]he identity of the President who appointed the judge assigned to a casehas no bearing on recusal.”);Armenian Assembly of Am., Inc. v. Cafesjian, 783 F. Supp. 2d 78, 93 (D.D.C. 2011) (“The case law is clear that recusal is not warranted where a judge is alleged to be biased based solely on political connections to the President who appointed her”).


Also: "A district judge “is as much obliged not to recuse himself when it is not called for as he is obliged to when it is.” In re Drexel Burnham Lambert Inc., 861 F.3d 1307, 1312 (2d Cir. 1988)

Recommendations

2 members have recommended this reply (displayed in chronological order):

So do you want him to recuse? TexasDem69 Jun 2024 #1
If you are nominated by Trump you are a disgrace. kairos12 Jun 2024 #2
How does being a patent attorney make this a joke appointment TexasDem69 Jun 2024 #5
It's fair that we can't examine her kairos12 Jun 2024 #11
uh edisdead Jun 2024 #20
It doesn't, and she's not. n/t Ms. Toad Jun 2024 #22
Lifetime appointment and will get loads of cases in different trials. jimfields33 Jun 2024 #14
ummm my wife is a patent attourney edisdead Jun 2024 #19
She is not a patent attorney. Ms. Toad Jun 2024 #21
Was Merchan appointmented by Biden edhopper Jun 2024 #3
No it's not TexasDem69 Jun 2024 #6
Like Cannon edhopper Jun 2024 #9
You approve of Alito, Thomas, and the three Trump appointees? PufPuf23 Jun 2024 #17
Merchan was appointed. Celerity Jun 2024 #25
You're right. It is well established that who appointed a judge is not grounds for the judge's recusal. onenote Jun 2024 #7
And Cannon? edhopper Jun 2024 #10
not required to recuse. onenote Jun 2024 #12
Legal mumbo jumbo to hide corruption. triron Jun 2024 #18
You seem to be operating under the false ... Dave says Jun 2024 #23
Hunter has done plenty to end up in jail Mountainguy Jun 2024 #4
If his last name were Jones this would have been settled with the agreed-upon plea deal Xavier Breath Jun 2024 #8
The gun charge Mountainguy Jun 2024 #13
The plea bargain his lawyers requested would have been turned down by every judge in the seat. jimfields33 Jun 2024 #15
I tend to immediately look up certain posters to see Tribetime Jun 2024 #16
I am a noob compared to you Celerity Jun 2024 #26
She's already ruled twice in prosecution's favor. Kid Berwyn Jun 2024 #24
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