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he
New York Times has demanded that Senate Democrats block Bush's
"judicial ideologues," whom, the Times
predicts, will compare unfavorably to "Clinton's centrist judicial
choices."
As one Clinton "centrist"
nominee said to a female prosecutor appearing in her courtroom: "Shut
your f***ing mouth." Another lawyer received this admonition from
the centrist judge: "I don't give a s**t." That was the Criminal's
Messiah: Judge Frederica A. Massiah-Jackson of the Philadelphia Common
Pleas Court.
One time, Massiah-Jackson
betrayed the identity of two undercover officers in her courtroom, announcing
to the assembled criminals — "take a good look at these guys ...
and be careful out there."
When asked about
this episode by a stunned Senate Judiciary Committee, Massiah-Jackson
first said she did not recall the incident, twice refused to comment,
once categorically denied it (despite contemporaneous news accounts),
and finally gave a cockamamy account of having been misunderstood.
Only after the undercover
officers had submitted statements to the committee describing how Massiah-Jackson
had flamboyantly exposed them in open court did the judge begin to recall
the incident with greater clarity. In "reconstructing the incident,"
she said she had been instructing school children present in the courtroom
to respect police officers.
The story didn't
really hang together because, on account of being undercover and all,
undercover officers would not be identifiable to schoolchildren as police
officers.
Be that as it may, it turned out Massiah-Jackson had already stated on
the record that she was talking to criminal defendants, not any alleged
school children in the courtroom. At a later hearing, the D.A. had raised
the incident with Massiah-Jackson, and she cavalierly dismissed the D.A.'s
outrage, saying: "I do say that to certain defendants."
In another classic
Massiah-Jackson moment, Commonwealth vs. Johnson, the judge
sentenced the brutal rapist of a 10-year-old girl to the statutory minimum.
She apologized to the rapist for even that much time: "I just don't
think the five to 10 years is appropriate in this case even assuming you
were found guilty." She refused the D.A.'s offer to present a pre-sentence
report and victim-impact statement, saying: "What would be the point
of that?" (The five-year sentence was not crippling. After his release,
the defendant was rearrested for raping a 9-year-old boy.)
In another special
moment for the whole Rainbow Coalition, when Massiah-Jackson was informed
that both the defendant and victim in a rape case had AIDS, she said:
"Why are we having a trial? We are talking about life expectancy
of three years for both of them. What difference? What kind of punishment
can we give (the defendant)? ... What's the purpose of the trial long
range?"
In light of the fact
that Massiah-Jackson had just announced there was no purpose in trying
the defendant, the prosecutor requested that the judge recuse herself.
She refused, and the victim died while the recusal motion was on appeal.
The trial proceeded before Massiah-Jackson, who sentenced the defendant
to one year of probation, allowing him to serve no time for a vicious
rape and beating. ("What's the purpose?")
Sentencing a defendant
who had slashed a woman in the face with a straight razor while stealing
her purse, Massiah-Jackson refused to apply a sentence enhancement for
use of a deadly weapon. When the D.A. noted that the enhancement was required,
the centrist judge accused her of being "vindictive." Massiah-Jackson
was reversed on appeal for ignoring the enhancement.
Indeed, Massiah-Jackson
was reversed in a number of criminal cases. But in response to the Judiciary
Committee request that she provide a list of her reversals — a pro forma
request — she repeatedly claimed she had not been reversed in a single
criminal case.
After having been
caught in this and other lies, "centrist" Massiah-Jackson decided
to withdraw her nomination. The New York Times was in a high dudgeon.
Not because Massiah-Jackson had sneered at AIDS victims and rape victims,
shouted obscenities from the bench or outed undercover cops, but because
of the "judicial mugging" the Senate had put her through. The
judge at least would return to the state bench "with her honor intact,"
the Times editorialized. "Unfortunately, the same cannot be
said of the Senate."
Indeed, even after
all this came out about Massiah-Jackson (despite the encumbrance of the
judge's tendency to lie), she was avidly supported for a life-tenured
federal judgeship by: the New York Times, top Philadelphia law
firms, judges, Philadelphia Mayor Edward G. Rendell, the NAACP, the Barristers'
Association of Philadelphia Inc., the Hispanic Bar Association, the Asian
American Bar Association of the Delaware Valley, and — surprise — the
Philadelphia Bar Association.
When Bush's judicial
nominees come under attack from the same groups for failing to be duly
"centrist," remember what they mean by that.
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