Monday, July 30, 2012

Impeach Scalia And Thomas

Scalia on Obama: 'What can he do to me?'

By Kenneth P. Vogel

Printed in its entirety, reported on Justice Antonin Scalia's interview with Fox "News" Sunday:

7/29/12 10:29 AM EDTSupreme Court Justice Antonin Scalia on Sunday said he did not "view it as a threat" when President Barack Obama in April predicted his signature healthcare overhaul "will be upheld because it should be upheld" and that anything less would constitute "judicial activism" by the high court.

Scalia conceded in an appearance on "Fox News Sunday" that Obama’s forceful comments on a pending Supreme Court case were "unusual, but as I say I don’t criticize the president publicly. And he normally doesn’t criticize me."

But when host Chris Wallace pressed, asking whether Scalia, who in June sided with a minority seeking to overturn the law, felt "any pressure as a result of that to vote a certain way," Scalia laughed.

"No. What can he do to me? Or to any of us?" the justice responded. "We have life tenure. And we have it precisely so that we will not be influenced by politics, by threats from anybody."


No, Mr. Scalia, those of us more familiar with the spirit and letter of the Constitution than you know that the Executive Branch of the U.S. cannot "do" anything to you, that is left to the People in the form of the House of Representatives.

From Wike Answers:

"Under normal circumstances, a Supreme Court justice is awarded a lifetime commission.

"A Supreme Court Justice may be impeached by the House of Representatives and removed from office if convicted in a Senate trial, but only for the same types of offenses that would trigger impeachment proceedings for any other government official under Articles I and II of the Constitution.

"Article III, Section 1 states that judges of Article III courts shall hold their offices "during good behavior." "The phrase "good behavior" has been interpreted by the courts to equate to the same level of seriousness 'high crimes and misdemeanors" encompasses.

"In addition, any federal judge may prosecuted in the criminal courts for criminal activity. If found guilty of a crime in a federal district court, the justice would face the same type of sentencing any other criminal defendant would...

"Only one Supreme Court Justice, Samuel Chase (one of the signatories to the Declaration of Independence), has ever been impeached. The House of Representatives accused Chase of letting his Federalist political leanings affect his rulings, and served him with eight articles of impeachment in late 1804. The Senate acquitted him of all charges in 1805, establishing the right of the judiciary to independent opinion. Chase continued on the Court until his death in June 1811."


"Bad Behavior?" More Like Reprehensible Behavior!

After the Judicial Coup de Etat that annointed George W. Bush to the Presidencey in 2000, Philip J. Berg, former Deputy Attorney General of Pennsylvania demanded that "the three (3) Justices of The Supreme Court of the United States should voluntarily turn in their licenses in their respective states or we will ask that disciplinary action be undertaken including disbarment as well as summary suspension in their respective states for violating the Rules of Court and not 'recusing' themselves in the case of Bush vs. Gore and other violations Specifically, Justices O'Connor, Scalia and Thomas."

Berg noted and cited Vincent Bugliosi's essay, None Dare Call It Treason:

"1. Failure to recuse yourself from the case of Bush vs. Gore based upon the following:

"a. JUSTICE SANDRA DAY O'CONNOR'S election evening exclamation, "This is terrible," when CBS anchor Dan Rather called Florida for Al Gore before 8 P.M. clearly indicated her 'preference' in the Presidential election for which there was only one decision, that being to "recuse" herself.

"b. JUSTICE ANTONIN SCALIA'S obvious conflict of interest with two of his sons working in the law firms of Ted Olson and Barry Richard, attorneys representing George W. Bush's legal interest in the cases regarding the 2000 Presidential election with one son actually working on Bush vs. Gore for which there was only one decision, that being to "recuse" himself.

"c. JUSTICE CLARENCE THOMAS'S obvious conflict of interest with his wife working at the Heritage Foundation reviewing Republican resumes for the Bush administration for which there was only one decision, that being to "recuse" himself.

"2. Numerous specific violations of the various bar associations that each of you are members of."

Scalia' comment a few years later was to "get over it."

(See another petition here for the same charges -->

O'Connor resigned, doubtfully out of shame, but the other judicial traitors, Scalia and Thomas, and Thomas's wife, were soon up to their dirty tricks.

From the

"January 2003- Scalia-Cheney Trip Raises Eyebrows – "High Court Justice, VP Go Duck Hunting; Cheney Appeal Is Before The Court" – Scalia: "I do not think my impartiality could reasonably be questioned." The privatized U.S. Energy secret policy meetings were declared legal by a Republican Judge. It had also been reported that W’s secret Energy Czar was Enron’s Kenny Boy LayWhich brings us up to last year, "Common Cause, filed a petition with the Justice Department...asking it to investigate whether Justices Antonin Scalia and Clarence Thomas should have recused themselves in the case, involving Citizens United, because of their attendance at past retreats organized by the conservative financier Charles Koch, whose company operates a foundation that is a major contributor to political advocacy groups.

"Common Cause also cited the role of Mr. Thomas’s wife, Virginia Thomas, in forming a conservative political group opposed to the Obama administration as grounds for his disqualification."

And later on in 2011, Opposing View reported:

"This sounds like a textbook case of conflict of interest: two Supreme Court justices were the featured guests at a dinner sponsored in part by the law firm that will argue against the health care law before the Court. Here's the thing, though -- apparently it is not a conflict at all.

"The Los Angeles Times reports that last Thursday justices Antonin Scalia and Clarence Thomas attended the annual dinner of the Federalist Society, which is dedicated to advancing conservative causes.

"Nearly two dozen firms sponsored the event, among them several high-profile anti-Obamacare advocates including Paul Clement's law firm, Bancroft PLLC."
Naturally, in 2012 both of the Conservative judicial operatives voted against the Affordable Health Care Act's constitutionality.

The impeachment of Thomas and Scalia is long overdue, and no one will predict that those impeachments can occur as long as the Republicans continue to infest the Congress.   The faux impeachment of President Clinton and the absence of impeachment proceedings against Bush 43 tells us the unattractive truth: Republicans are not statesmen.

A retroactive impeachment, with Romney's retroactive resignation at Bain Capital as precedent would come about by necessity when Conservatism is criminalized.

“Nobody deserves your tears, but whoever deserves them will not make you cry.”

Gabriel Garcia Marquez (Major Colombian novelist and short-story writer, 1982 Nobel
Prize for literature, b.1928)