Sunday, November 06, 2005

Alito and VAnguard

Samuel Alito - Unethical Judge Who Broke Vow to Congress
Posted by Czolgosz
Added to homepage Fri Nov 04th 2005, 07:29 AM ET

Judge Samuel A. Alito Jr. ruled in a 2002 case in favor of the Vanguard mutual fund company at a time when he owned more than $390,000 in Vanguard funds and later complained about an effort to remove him from the case, court records show -- despite an earlier promise to recuse himself from cases involving the company. . . . (L)awyer, John G. S. Flym, a retired Northeastern law professor, said in an interview yesterday that Alito's ''lack of integrity is so flagrant" in the case that he should be disqualified as a Supreme Court nominee.

Maharaj, 50, discovered Alito's ownership of Vanguard shares in 2002 when she requested his financial disclosure forms after he ruled against her appeal . . . ''I just started seeing Vanguard after Vanguard, and I almost fell to the floor," she said in an interview at the Jamaica Plain home she shares with a friend after losing her own home in the course of the prolonged litigation. ''I just couldn't believe that it could be so blatant."

In 1990, when Alito was seeking US Senate approval for his nomination to be a circuit judge, he said in written answers to a questionnaire that he would disqualify himself from ''any cases involving the Vanguard companies."

After Alito ruled in Vanguard's favor in the Maharaj case, he complained about her efforts to vacate his decision and remove him from the case, writing to the chief administrative judge of the federal appeals court on which he sat in 2003: ''I do not believe that I am required to disqualify myself based on my ownership of the mutual fund shares."

. . . .

In the 1990 questionnaire, Alito was asked how he would resolve potential conflicts of interest. He responded: I do not believe that conflicts of interest relating to my financial interests are likely to arise. I would, however, disqualify myself from any cases involving the Vanguard companies."


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