18 May 2011
Per 28 §USC455 Judge Barbadoro should recuse McCafferty for substantial contacts to Kelly Ayotte's powerhouse law firm friends at McLane, Graf et al. in Free Press, racial lawsuit.
As noted in the Gregor journal entry, is fairly obvious that the appropriate legal standard was not followed and that will forever cast a patina of impropriety and injustice over this crucial case. Heck, patina, who am I fooling.... this is rotten to the core. It's not like these guys forgot the associations, or failed to think about it, it's Judicial ethics 101. As a Judge you look up and say "By the way Mr. King you should be aware that I am staring at my former boss and co-worker across from you at Defendants' table. And oh, yes, Defendant Ayotte worked there as well. And oh yes so too did Judge Muirhead, who helped train me. Do you have any concerns about this?"
Related: I-Team Investigates: Who's Judging Judges?
I am not entirely clear on the intent of his Decision in Liko Kenney's case either, in which Defendants filed a Defective Motion to Dismiss. Is he saying that the Court will not accept testimony as to prior events to show the context? His Order is somewhat cryptic in this regard. You can see the Plaintiff's argument above, right. The Order does not specifically address it.