Political Judge Deserves Impeachment - And Response

  • Tuesday, November 12, 2024

This morning I have read that a federal district judge, Algenon Marbley in Ohio, has decided he should put blatant political bias in the courts. He had decided to retire, which would then have another judge appointed. But, because of the results of the election, his replacement would not be appointed by Biden or Harris. Because Trump has won the election he has decided to rescind his retirement, for no other reason than to prevent Trump from appointing his replacement.

When he accepted his appointment as a federal judge, he puts aside his personal political opinions in relation to his status and performance in the position of a federal judge. He may have personal opinions and desires, but those are not the law. His action should be basis for immediate impeachment and conviction (yes those are two separate things) as soon as a new Congress is sworn in.

This is the USA, not the USSR, no matter how much the politicians and political bigots try to use Putin tactics against their enemies as we have all seen in the political prosecutions and one-sided political control of the media.

The action by Algenon Marbley shows him to be unfit to be a judge at any level and highlights a personal lack of integrity.

Jim Hill

Harrison

* * *

I read Mr. Hill’s letter. I counted only three sentences in his letter that are 100 percent truthful. The remaining sentences are based either on misinformation or insufficient information, with some MAGA lies tossed in.

Before continuing, Mr. Hill and others need to know that more and more judges are basing retirement or senior judge status for a political reason. For better or worse, that reason is to retire during a Presidency where the occupant is of the party of the President that appointed him or her.

Xiao Wang, a clinical assistant professor at Northwestern University Pritzker School of Law, in an article "The Old Hand Problem" published in the Minnesota Law Review on Jan. 31, 2023, said a data analysis confirms that judges are taking "senior status" in a politically strategic manner now more than ever.

But Wang's analysis of every senior status decision since 1919 found that although most circuit and district judges did not go into semi-retirement in a political manner for decades, "that calculus has shifted" since former Republican President George W. Bush's administration, which began in 2001.

The highest rate was during former President Donald Trump's four years, when 110 of the 135 judges taking senior status were appointed by fellow Republicans, or 81.4 percent. That helped Trump make a near-record 234 judicial appointments.

So, Mr. Hill, I must ask if you had this opinion of judicial political egregiousness since 2017, or if you formed it only after reading a Fox News headline this week, which fulfilled MAGA hatred of anything of the Democratic Party? (Reuters 02/02/2023)

Continuing, I’d guess that Mr. Hill’s research consisted only of the Fox News headline “Federal judge in Ohio rescinds retirement after Trump victory, with Biden yet to nominate a successor.”  Most likely Mr. Hill picked up only on the “rescinds retirement after Trump victory” phrase, and quickly reached a biased and incorrect conclusion that the rescission was politically motivated.

Interestingly, the truth appears in the story.  The first two Fox paragraphs correctly reported that Judge Marbley “had announced plans to take on senior status in October 2023, which allowed him to take a lighter case load until a replacement could be appointed.”  Judge Marbley’s decision in stay on the bench was solely based on a nomination not submitted to the Senate by President Biden.  (Fox 11/12/2024)

Various news media reported The President did not make a nomination “because of the Senate "blue slip" tradition, any nominee Biden put forward for Marbley's seat would have needed the support of both of home state senators, including Republican Senator J.D. Vance, the incoming vice president.”  Like McConnell and the Obama nomination of Merrick Garland for SCOTUS, Senator and V-P elect Vance would not have voted for nomination, enabling Trump to make a nomination. (Reuters 11/11/2024)

No, Mr. Hill. Judge Marbley did not make his decision for political reasons as Fox and the right wing media want you to believe. His Honor was honoring his initial intention of not taking senior status until a replacement had been nominated. He never stated as to which President would or could make a replacement nomination. Taking senior status without a replacement would unquestionably place an undue and increased caseload on other District Judges. Or cases would be delayed, possibly with detriment to the defendants. (Columbus Dispatch 11/12/2024)

No, Mr. Hill. The action by Judge Algenon Marbley was not politically motivated. His action shows him to be unquestionably fit to be a judge at any level and highlights his integrity to the judicial system and his fellow judges.

Near the end of your letter, you stated “This is the USA, not the USSR, no matter how much the politicians and political bigots try to use Putin tactics against their enemies as we have all seen in the political prosecutions and one-sided political control of the media.” 

These are MAGA lies. You clearly are referring to the criminal cases against Trump, brought on by his own actions, with sufficient proof to enable Grand Juries to recommend criminal indictments.  I doubt Putin empanels Grand Juries; he has no need to allow fair trials for his enemies.

There is no “one sided political control of the media.”

Joe Warren

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