Yesterday John Hinderaker at Power Line posted an article about one of the latest investigations of the Obama Justice Department--the Department that has refused to deal with the voter intimidation issue caused by the New Black Panthers.
Common Cause has written a letter to Attorney General Holder charging an ethics violation by Supreme Court justices Scalia and Thomas. This is the complaint:
"Common Cause hereby formally requests that the Justice Department promptly investigate whether Justices Thomas and Scalia should have recused themselves from the Citizens United case under 28 U.S.C. ยง 455. If the Department finds sufficient grounds for disqualification of either Justice, we request that the Solicitor General file a Rule 60(b) motion with the full Supreme Court seeking to vacate the judgment."
So what exactly did the two judges do? They were unpaid guest speakers at seminars sponsored by Koch Industries.
The article points out:
"Common Cause writes that "no mention of such an event is listed on the Justices' disclosure forms for 2008 and 2009." I assume they are talking about financial disclosure forms, and that the justices' speeches at the Koch seminars weren't listed because they weren't compensated."
Common cause claims that since Koch Industries (along with every other corporation in the country) had its free speech rights confirmed in the Citizens United case, there was a conflict of interest.
John Hinderaker concludes:
"So, let's add this up: Justices Thomas and Scalia accepted invitations to give speeches, presumably on legal topics, to a high-level audience of business people and other leaders. They weren't paid for doing so. The events were sponsored by one of America's most respected companies. That company, like every corporation in the United States, had its First Amendment rights confirmed in the Citizens United case. And Common Cause seriously claims that Scalia and Thomas violated ethics rules by failing to recuse themselves from that case?
"The claim is risible, but then, Eric Holder is the Attorney General, so perhaps anything is possible."
Let's hope this silliness does not go forward. I will be willing to limit corporate spending in elections when union spending in elections is also limited. Don't hold your breath!

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