President of The United States of America
1600 Pennsylvania Avenue
Washington, DC 20500
president@whitehouse.gov
In Re: Nomination to Federal Bench for The Honorable James Knoll Gardner
DEAR PRESIDENT BUSH:
Recent events have raised our consciousness of our enemies abroad. Our
foreign enemies have initiated heinous overt acts to intimidate us and to
threaten our freedom.
Increased vigilance and protection from foreign enemies is a part of your
duty as President. You are also charged with the duty to protect the nation from
our enemies within. The term "foreign and domestic" in your oath of
office is clear.
It is my unpleasant duty to alert you to "enemies within", and to
demand that you take action to protect the public from those who would abuse
their office and deprive people of their Constitutionally protected rights.
The overt terrorist acts attacking our soil were despicable acts of
hate-mongers. The court in Pennsylvania commits "covert" criminal acts
to deprive litigants of their constitutional rights. Philosophers would have a
lively debate as to which acts - overt or covert - are most despicable. In
reality, we should tolerate neither.
I am speaking about the corruption of our judicial system. The
"enemy" wears a robe.
Our local newspaper announced that Senators Arlen Specter and Rick Santorum
of Pennsylvania are considering placing in nomination for an appointment to the
(U.S. 3rd Circuit) Federal bench The Honorable James Knoll Gardner, President
Judge of Lehigh County Court of Common Pleas. I ask that you intercede in this
matter and ask these Honorable Senators to reconsider sponsoring this candidate
for an appointment. A complaint has been filed with Pennsylvania's Judicial
Conduct Board that charges this court (Alan M. Black, J.) with both criminal and
judicial misconduct.
You may confirm that a Confidential Complaint listed as JCB 01-108 (and
01-109 and 01-110) is filed with the Pennsylvania Judicial Conduct Board. The
Complaint charges the court with altering the record of court hearings,
subornation of perjury, and acts of judicial misconduct. The court's conduct
compromises the integrity of the court and the judicial process, and it poses a
threat our most cherished institution of democracy.
Although Judge Gardner is not included in the specific charges of misconduct
in the case at issue, he was made aware of the criminal charges and was asked to
investigate. Instead, Judge Gardner failed to take any remedial or investigative
action.
It would be reasonable to conclude that Judge Gardner joined in the court's
efforts to conceal these crimes. Under the stewardship of Judge Gardner, the
court in Lehigh County, Pennsylvania is charged with a pattern of conduct that
deprives litigants of due process.
During recent hearings in the Senate, invitee Dean Douglas Kmiec stated that
he believes that the Senate confirmation (of judicial appointments) should be
based principally on the integrity of the candidate. He mentioned fidelity to
the law as an important element for Senate consideration. Under this standard,
Judge Gardner is unfit for a nomination to the federal bench.
I implore you to call on Attorney General John Ashcroft and the Department of
Justice to investigate the charges of criminal misconduct in this court. Efforts
to file criminal charges are being thwarted by the local District Attorney.
These crimes were reported to the local FBI office.
Please forward this letter to Attorney General John Ashcroft, asking him to
initiate a criminal investigation of this court.
Dated: _______________
Respectfully,
THE HONORABLE SENATOR CHARLES SCHUMER
313 Hart Senate Office Bldg.
Washington, DC 20510
senator@schumer.senate.gov
THE HONORABLE SENATOR ORRIN HATCH
104 Hart Senate Office Bldg.
Washington, DC 20510
senator_hatch@hatch.senate.gov
In Re: Nomination to Federal Bench for The Honorable James Knoll Gardner
DEAR SENATORS SCHUMER and HATCH:
Recent events have raised our consciousness of our enemies abroad. Our
foreign enemies have initiated heinous overt acts to intimidate us and to
threaten our freedom.
President George W. Bush is charged with the duty to protect the nation from
our enemies "foreign and domestic". The judicial committee of the U.S.
Senate has the duty of 'advise and consent' for nominations to Federal
judgeships.
The overt terrorist acts attacking our soil were despicable acts of
hate-mongers. The court in Pennsylvania commits "covert" criminal acts
to deprive litigants of their constitutional rights. Philosophers would have a
lively debate as to which acts - overt or covert --- are most despicable. In
reality, we should tolerate neither.
I am speaking about the corruption of our judicial system. The enemy wears a
robe.
Your help is needed to protect the public from "enemies within".
Please take note that Senators Arlen Specter and Rick Santorum of Pennsylvania
are giving serious consideration to placing the name of The Honorable James
Knoll Gardner, President Judge of Lehigh County Court of Common Pleas in
nomination for an appointment to the Federal bench, 3rd Circuit.
I ask that you, as Senate Judiciary Subcommittee leaders for the advise and
consent function for judicial appointments, act in opposition to this
nomination, or to prevent this nomination.
While watching a tape of your committee hearings, I was impressed by the
words of Dean (Douglas) Kmiec, commenting on his appraisal of the Senate review
function. Among other things, he believes that the Senate confirmation should be
based principally on the integrity of the candidate. He mentioned fidelity to
the law as an important element for Senate consideration.
It is on this basis that I ask your intervention to prevent Senators Specter
and Santorum from forwarding the candidacy of Judge Gardner. Although Judge
Gardner has a stellar reputation for service, arguably, Judge Gardner is guilty
of malfeasance of office and perfidious conduct as President Judge in Lehigh
County, Pennsylvania. A complaint has been filed with Pennsylvania's Judicial
Conduct Board that charges a member of this court (Alan M. Black) with both
criminal and judicial misconduct.
You may confirm that a Confidential Complaint listed as JCB 01-108 (and
01-109 and 01-110) is filed with the Pennsylvania Judicial Conduct Board. The
Complaint charges the court with altering the record of court hearings,
subornation of perjury, and other acts of judicial misconduct. The court's
conduct compromises the integrity of the court and the judicial process, and it
poses a threat our most cherished institution of democracy.
Although Judge Gardner is not included in the specific charges of misconduct
in the case at issue, he was made aware of the criminal charges and was asked to
intervene and to investigate. Instead, Judge Gardner failed to take any remedial
or investigative action.
Also, the accused judge (Black) recused himself from the proceedings, then,
citing legal support from his colleagues, withdrew his recusal. It is
inconceivable that a judge would take such action without the tacit approval of
the President Judge of the Court. The action of withdrawing a recusal is an
egregious departure from the Pennsylvania Code of Judicial Conduct, and is
contrary to the most fundamental concept of equal justice before a fair and
impartial court.
It is not unreasonable to presume that Judge Gardner concurred with the
decision to withdraw the recusal, thereby staining Judge Gardner with the brush
that paints his colleague as "unfit for office". The charges against
the other judge include judicial and criminal misconduct, and certainly reach
the level of malfeasance of office.
By failing to investigate allegations of criminal misconduct in his court, it
is not unreasonable to conclude that Judge Gardner joined in the court's efforts
to conceal the crimes. Efforts to report the crimes have been thwarted by the
District Attorney's office. These crimes were reported to the local FBI.
Under Judge Gardner's stewardship, the court in Lehigh County, Pennsylvania
is charged with a pattern of conduct that deprives litigants of due process. A
judge who fails to protect the due process rights of litigants in his own
jurisdiction and allows the integrity of the court to be compromised must not be
considered to occupy a seat on the Federal bench. Such a person is unfit for
that office.
Dated: _______________
Respectfully,
CC:
Sen. Arlen Specter
711 Hart Senate Office Bldg.
Washington, D.C. 20510
No Email Address
Sen. Rick Santorum
120 Russell Senate Office Bldg.
Washington, D.C. 20510
No Email Address
