Senator Patrick Leahy comments on Bailey “shit storm” in October, 2003 hearings on Santorum-supported appointment of former AG Mike Fisher to Third Circuit Court of Appeals

Thanks to one of our readers, we have located the public comments of Senator Patrick Leahy on the Senate proceedings that led to former Pennsylvania Attorney General Mike Fisher’s appointment to the United States Third Circuit Court of Appeals in October 2003.

Earlier that year, Fisher, who failed in a gubernatorial bid to Ed Rendell in 2002, had been found to be a civil rights violator in a lawsuit filed by Don Bailey on behalf of two former attorney general narcotics agents in Philadelphia.  We discussed this story at greater length in our Bailey “shit storm” article.

Central to that article was the appointment of former Attorney General Mike Fisher to the United States Third Circuit Court of Appeals right after the verdict.  In a recent comment, one of our readers linked us to comments that Senator Patrick Leahy made for the record of the Fisher nomination proceedings.  Senator Leahy discussed some questionable Republican procedural maneuverings, and commented specifically on the nomination of Fisher as follows:

 The hearing on the nomination of Michael Fisher to the U.S. Court of Appeals for the Third Circuit is also unprecedented. Never before to my knowledge has a President nominated to a lifetime position on a federal circuit court or this Committee held a hearing on a judicial nominee with an outstanding jury verdict naming him as personally liable for civil rights violations. In February 2003, a federal jury in the U.S. District Court for the Middle District of Pennsylvania found that Mr. Fisher and other high level officials of the Pennsylvania Office of the Attorney General violated the civil rights of two plaintiffs, former narcotics agents with the Bureau of Narcotics Investigation (BNI) in Philadelphia. Never before in the history of federal judicial nominees of which I am aware, has a nominee ever come before this Committee with an outstanding judgment against him for so serious a claim.

The jury verdict is so recent that the trial transcript has only been delivered to the parties within the last several weeks, and so complex that even Mr. Fisher and his lawyers have asked for extensions of time in order to complete their post-trial motions. Soon a federal district court trial judge will be called upon to review the verdict against a person the President has nominated to the Court of Appeals that review all appeals from that trial judge’s court. In addition, if the jury verdict is sustained by the trial court, an appeal would lie to the very court to which Mr. Fisher has been nominated. These, too, appear to be unique circumstances.

Accordingly, this is a most unusual proceeding. As the Administration and Republican majority have abandoned traditional practices and standards we are being confronted with more and more difficulties. The few judicial nominations on which the Senate has withheld a final vote this year have each presented extraordinary circumstances or nominees with extreme positions. During the years in which President Clinton was in the White House, Republicans attempted a number of filibusters and, when they were in the majority, successfully prevented votes on more than 60 judicial nominees, including a number of nominees to the federal courts in Pennsylvania.

This is an unqualified, reputable source to confirm the exact position taken in our shit storm article.  Read the full text of Senator Leahy’s comments here.

Rick Santorum was one of Pennsylvania’s Senators, and was a sponsor of Fisher’s nomination.  Santorum also sponsored the nominations of Judges Kane, Conner, and Jones.  Don Bailey has recently announced that he is running for the Pennsylvania Office of Attorney General, and Judge Kane has just dusted off an old disciplinary action she’s been sitting on, waiting to see what the state disciplinary authorities do, and has pushed it forward with urgency due to a bogus assertion that Bailey is unreasonably delaying the state disciplinary proceedings – she has no regard for the blatant denial of his due process rights, let alone the innocent American citizens he represents.  She refuses to open the disciplinary proceedings, despite Bailey’s demands.  We will bring it all to you here.

Penn State graduate Rick Santorum is returning to Pennsylvania on April 24, 2012, to run in the Pennsylvania primary for President of the United States.  Objections to Bailey’s nomination petitions have been filed by a Pittsburgh law firm on behalf of some objectors, one of whom is a Penn State employee, Sean Miller, who is in the charitable funding department of Penn State.  The objectors were solicited by the attorneys.  Santorum also nominated Jerry Sandusky for a “congressional angel” award in 2002, the same year Sandusky was observed in the Penn State showers with a young boy.  See Penn State/Good old boy’s network article.

The objections have been assigned to a Commonwealth Court Judge who is a former Kirkpatrick and Lockhart attorney – Santorum is a former Kirkpatrick and Lockhart attorney, as is former United States Attorney and Pennsylvania Governor Richard Thornburgh.   Don Bailey could not be bought off when, as Pennsylvania Auditor general, Bailey accused Thornburgh and federal authorities with public corruption.

Since losing his re-election bid in 2006, Santorum has been an attorney with Eckert, Seamans, Leroy Zimmerman’s firm, and the firm with connections to the disciplinary authorities through the Eckert Seamans partner with whom Judge Yvette Kane has a personal relationship where she has reported  tens of thousands of dollars in gifts.  Leroy Zimmerman was Pennsylvania’s fist elected attorney general.  The Commonwealth Court Judge who just threw out the Centralia, Pennsylvania state lawsuit, Judge Bernard McGinley, is the son of Judge Kane’s lawyer friend, as also explained in the Eckert post.

Don Bailey’s cases were discussed during the confirmation hearings of former Third Circuit Judge and now Supreme Court Justice Samuel Alito as well, and we have pointed out the markedly anti-whistleblower stance of this Supreme Court.  Whistleblower cases are quintessentially about public corruption, and are the thrust of Bailey’s constitutional law enforcement practice.  Justice Alito has already acted on a matter in the Bailey disciplinary  case.

Marty Carlson has continued to try to portray Don Bailey as imagining grand conspiracies that involve countless people over numerous years, through his shameless attempts to use the courts to carry out the politics of personal destruction.  We understand that Marty Carlson is involved in accusations against this site for some kind of fraudulent activity.

Senator Leahy raised a very reasonable and obvious concern, and clearly stated the issue almost a decade ago.  Barbara Hafer sent a written apology to Don Bailey for spreading lies about him in a statewide campaign in the year 2000.  Marty Carlson is one of the liars she references.  Most of what we’re talking about in this site happened in this time-frame, and does involve many people, many who have been identified by name, and does extend into four decades of Pennsylvania politics.  That is what qualifies Don Bailey to be Attorney General.

This is a very short article with statements of fact.  There is no hyperbole, and no argument.  The implications speak for themselves.  Calls have gone out to Senators Casey and Toomey as well.

We still have not located the “shit storm memo”, but it was received by Don Bailey anonymously, and it was received through the attorney general’s office.   Efforts continue, but the shit storm speaks for itself.

Vote Don Bailey for Attorney General.

Thank you.

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3 Responses to Senator Patrick Leahy comments on Bailey “shit storm” in October, 2003 hearings on Santorum-supported appointment of former AG Mike Fisher to Third Circuit Court of Appeals

  1. Stephen G. Conklin says:

    Please, correct me if i am wrong, but it is my understanding as to Kane’s gifts, she initially failed to disclose what was tantamount to approximately $80, 000.00 of gifts that she received from her “friend”, a married partner of Eckert Seamans. Additionally, it is my understanding that somehow Eckert Seamans received something like 13 million in fees, involving the kids for cash scheme, and that benefit was due to Kane’s direction. If i am off the mark here, whether in whole or in part, please let me know; i want to be accurate in any statement i may make. thank you

  2. Donna Reed says:

    From the ABA, 4) “A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.”

    Well, let’s see. How many times did the lawyers working closely with the felons in Luzerne’s Courts inform authorities of the denial of colloquy?

  3. Donna Reed says:

    Thousands of children denied colloquy with lawyers all over the place and not one of them reported the Two Honorable Felons to Cleland or any other authority? How is that possible? Worse, how is it none of them received sanctions for tens of thousands of dollars? The Guide from the ABA that lawyers must obey says in 4) “A lawyer who knows that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge’s fitness for office shall inform the appropriate authority.”

    Where are the criminal charges against those fellas? Their disobedience led to the continued incarceration of innocent kids, people! Where is the outrage at those “professionals” who were legally bound to take what they knew to the authorities, but instead stood by silently as, “Ciavarella sent children as young as 10 to detention, many of them first-time offenders convicted of petty theft and other minor crimes. The judge often ordered youths he had found delinquent to be immediately shackled, handcuffed and taken away without giving them a chance to say goodbye to their families” -Community Justice Network for Youth May 24, 2012. Why haven’t judges and lawyers demanded they be held accountable?

    I think we know why. Another tragedy. Our perverrted “justice system” would rather silence that “dangerous, hardened teller of truth, that S.O.B., Don Bailey” because he had the balls to say what everyone already knows.

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