U.S. District Judge Leslie Abrams Gardner attracted considerable criticism when she declined to recuse herself from a challenge over voter eligibility. Gardner is the sister of Stacey Abrams who has led the effort to register voters in the state. Many felt it was inappropriate for Gardner to rule on the case, a concern that was magnified by her quick rejection of a purging of the rolls of roughly 4000 inactive voters. Now, it appears that Gardner has not recused herself but did reverse herself. A new order has issued upholding the purge in the face of an appeal.
Georgia Secretary of State Brad Raffensperger took issue with the original order as fundamentally wrong as to the applicable Georgia election laws.
The new order is a substantial rollback on the original order and the change was praised by Raffensperger’s office. It will allow the requirement of provisional ballots from those voters. Gardner however directs that no challenges to their eligibility be upheld based exclusively on data in the National Change of Address Registry, which Democrats have challenged as unreliable.
At a time of heightened tensions over election integrity, Gardner’s decision not to recuse herself fueled further uncertainty. Stacey Abrams’ organization Fair Fight donated $2.5 million to Senate Majority PAC. That is the group which used Majority Forward as its nonprofit arm, and the donation was the largest to Senate Majority PAC since the November election.
So Gardner is ruling on an issue closely associated with her sister and originally ruled in favor of the group which lists her sister’s organization as its largest contributor. At a minimum, that creates an appearance of a conflict. I can understand Judge Gardner’s view that there is no real conflict. These two very successful women continue to work in the same state. Judge Gardner may have been concerned that a recusal would encourage endless such challenges over tangential links to her sister’s work. Yet, she could have recused while stressing that this is a unique time and a unique set of circumstances. A recusal could have been simply a recognition of the court that her familial tie could undermine confidence in the review.
Jonathan says “At a time of heightened tensions over election integrity…”
For 4+ years baby trump has been jumping up and down crying like a baby about voter fraud. None of significance has been found. None. So all this “heightened tensions” is caused by the person causing the heightened tensions. Nonsense.
Professor, stop being a stooge for our delusional president. I have no doubt he believes what he says. But then again, how many days did he get up and say that COVID either was a non issue, small, going away tomorrow, next week, next month, etc. Stop the nonsense. All this heightened tension is the result of one person. If he had obeyed the law (I know, wishful thinking), there would be no heightened tensions.
60+ lawsuits and counting 1 success that said the observers could get a few feet closer. 59+ failures. And he is still at it. Hey, let’s just pretend Wisconsin doesn’t exist. All those voters would never notice. And while we’re at it, let’s pretend Michigan, Pennsylvania, Georgia, Arizona, and Nevada never existed. I mean come on, its only 20 million or so voters that we will throw out. Then baby trump can be dictator for another 4 years.
If you yell fire in a crowded theater, you should be arrested. If you yell FRAUD during an election, with no proof, you should be arrested.
Perception is not reality.
Homo sapiens are perceiving creatures.
Human beings fundamentally engage in 4 acts: first, males and females perceive or don’t perceive. Second, once perception occurs, they understand or don’t understand. Having understood, they agree or don’t agree. Finally, they agree or don’t agree. Human beings do not necessary process all 4 steps. The steps are necessarily sequential, however.
Here, the unavoidable and inevitable male or female perception will be bias in favor of the family member, her sister.
More likely than not the judge was, at least initially, a political appointment. Certainly, the judge was, and is not, without a political history, which no doubt is not exclusive of her family history.
In California, if not the A.B.A., the ethical canon for judges “should” (are encouraged to) recuse him or herself when there is an “appearance” (perception) of a conflict of interest(s).
Here, the Federal District judge should have recused herself, in my opinion.
Judges, particularly Federal Judges, often have a “self” perception of immunity from the “bias”in favor of or “prejudice” against the behavior found in common Homo Sapiens.
If the Federal Judge denied counsel’s motion for Disqualification under 28 U.S.C. 144, 455, et al, why was an Appeal not taken?
The professor opines in closing, “A recusal could have been simply a recognition of the court that her familial tie could undermine confidence in the review.”
The word “could” works or functions in two forms: “the hypothetical could” and “the practical could.” Hypothetically, the judge “could” have recused herself. Practically, the judge could not as did not recuse herself because that would have been an admission of bias in favor of and/ a prejudice against.
Practical work experience of 35 plus years as a civil trial lawyer in California, New York, Florida and Oklahoma and Federal courts throughout the United States has impressed upon me that often judges, particularly Federal judges, have a “self” perception of immunity from the “bias”in favor of or “prejudice” against the behavior found in common Homo Sapiens.
Do think this perception of my work experience may apply to the “professor” or other law school professors, say Laurence Henry Tribe?
dennis hanna
Nice try but no cigar!
One reuses oneself when there is a reasonable expectation that there exists the possibility of bias based upon any number of reasons.
By recusing oneself and clearly stating it was done purely to prevent any possibility of bias, the action speaks for itself. Any argument there was bias…is ended.
Your suggestion recusal magically confirms the perception of the presence of bias is illogical.
It that was the case….then no matter the real bias….no matter how slight….would never lead to a recusal as no honest Judge would want to think recusal would document their bias on a matter.
Is that why few if any Supreme Court Justices recuse themselves….even when they worked on Cases as the Solicitor General for the Federal Government that later came before the Court?
You might do a better job of research before you come forth with ideas as you have.
There is real “Conflict of Interest” and there is the “Perception of Conflict of Interest” as there is “Bias” and the “Perception of Bias”…..all similar but very different.
Plainly in the Abrams thing….there is a problem as she had to reverse herself within a few days didn’t she?
Deep in the heart of Georgia… Is a smelly….
And you know what–Biden won Georgia by 12,000 votes, so even if these 4,000 got thrown out, he still wins. But…the disciples need red meat.
That was ONE of the TWO Georgia votes. Too bad you don’t have enough honesty to remember that. Typical machinery of a Comrade of the Commie Collective. Make nice and still turn it into нечестивое дерьмо. and the Collective needs it’s порно
And the difference was lless than 10,000 the reason for a revote under Georgia law.
There is NO Georgia law allowing for a re vote for a Presidential election, but even if there were, and even if Trump somehow won, he would still lose the election. Georgia is just one state. That’s what you Trumpsters don’t seem to understand. Trump lost by over 7 million votes, and there’s not enough glitches or other lame arguments about nonexistent illegal wiping of machines, nonexistent ballot dumps or other baseless arguments to overcome Biden’s victory. It’s time to stop living in fantasy land and to get behind our new POTUS. Be a patriot for a change.
Crooked is still crooked. Rigged is still rigged and corruption is still corruption. So, if Democrats don’t give a whit about this election then what happens when the reverse comes about? They will cry louder than a wet chicken with screams of the vote being unfair! Don’t start and dish out what you can’t accept when it is done to you!
This isn’t about the general election in November. It’s about the Senate run-offs next week. Depending on who wins, there will either be a Republican majority in the Senate and McConnell remains Majority Leader or there will be a 50-50 split with a Democrat as Majority Leader after Biden and Harris are inaugurated (because the VP breaks ties).
These aren’t “votes” Is it too much to ask hat you read the post?
“Biden won Georgia by 12,000 votes, so even if these 4,000 got thrown out . . .”
As a lawyer, weren’t you trained to *first* know the facts of a case? The Abrams-Abrams case has nothing to do with the presidential election. The dispute is over voter registrations used in the upcoming Senate elections.
“Yet, she could have recused while stressing that this is a unique time and a unique set of circumstances. A recusal could have been simply a recognition of the court that her familial tie could undermine confidence in the review.”
********************************
Ethics aren’t their strong suit — brains neither. See Judge Emmett, Judge Amy etc.
Agreed. She is expected to avoid even the appearance of impropriety!
That the “Parasite Sisters” et al. have taken over was no surprise to Franklin and Tytler.
Communists (liberals, progressives, socialists, democrats, RINOs) didn’t pay attention when pursuing the unconstitutional acts of “Crazy Abe” Lincoln, the progressive IRS, Fed and 19th Amendment, The “Great Society,” the “free stuff” Obamacare and the entire, unconstitutional, rotting, American communist welfare state.
The never was any future in parasitism.
_______________________________
“[We gave you] a republic, if you can keep it.”
– Ben Franklin
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“A democracy cannot exist as a permanent form of government. It can only exist until the people discover they can vote themselves largess out of the public treasury. From that moment on, the majority always
votes for the candidate promising the most benefits from the public treasury, with the result that democracy always collapses over a loose fiscal policy–to be followed by a dictatorship.”
– Alexander Tytler
The United States of America is not and has never been a Democracy. The idea was brought forth and rejected nine times. The socialists have spent a bit over a hundred years trying to make it so and failed each and every time. The closest you can come is to recognize two of the useful ideas of from that system which is every CITIZEN votes on everything each time. That idea allowed the idea of a Republic res publica to work on each level providing it was honest. As the Democrats said in the last century even an appearance of impropriety even while their leader was banging everything in and out of skirts to the delight of the National Organization of Women and continued to keep military conscription by forcing draftees to voluntarily sign a contract while keeping women at the same time second class status by denying them equal rights and equal responsibilities. Democracy. All that did survive of that tainted idea was proof that it always ends in a mobocracy.
The loose Democracy is in fact the very people in line to take over and they have never operated be they RINO or DINO without fascism.
Now here is the rub. If the Supreme Court allows Biden and Harris to take the Oath of Office after they have supported other elected comrades to not take the required oath of office or ignore it if they did take it does that not in and of itself destroy the Republic and Constitution. Case in ipoint the calls for very fast votes in the Senate and Representative ranks to do a number of things WITH OUT gaining the required approval of two thirds of the States just by Executive Decision? No seven years no vote from the States just in your face fascism is what they are preaching.
I wonder if that is what the military is waiting for the idea they are turning their backs and donning a yellow beret is just too much to believe..
GARDNER IS A POLITCALLY CORRUPT JUDGE she should have Recused herself. Just another Corrupt Liberal Activist Judge who thinks she is above the duties of the Court and Laws.
The more we see of Georgia Justice and Leadership the more Corruption we see, starting with the Governor, Sc. of State, and on down. Georgia needs to clean house of their corrupted Judges and Officials.
From Youtube: “A friend of mine, who voted for Donald Trump, said his parents had voted for Joe Biden and vowed never to visit their graves again!”
See post @ 2:44 PM below.
It’s funny but True.
🙂
Stink of corruption since the judge should have recused herself. Nobody fills out a change-of-address card unless he or she has moved, since it requires forwarding of mail. What’s next? Not allowing purging based on looking at Social Security death records?
I’ve had it! It’s amazing how when Democrats are on the bench everything is a conflict but Republican judges can ignore clear and evident conflicts. They can ignore the fact they at they were appointed to do the bidding of the President. I’m sick of this and the pretense that somehow Professor you stand for ethics. The purge is wrong. It’s unconstitutional and it’s despicable.
Instead of whining, why don’t you cite your evidence that it’s unconstitutional?
LOL @ “despicable”
It’s downright Satanic.
@Injustice Holmes. Just shut up. Quit your whining. We’re sick of your stupidity.
The Truth of the 2020 Election Corruption and Vote Count Tampering
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The Man Who Will Save America
Jovan Pulitzer