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Libby Court's Walton Latest Target of Right-Wing Threats to Judges

June 14, 2007

In a Washington court room today, Americans learned that the growing conservative campaign of judicial intimidation reached the Scooter Libby case. Judge Reggie Walton, recently appointed by Chief Justice John Roberts to the FISA Court and who last week sentenced former Cheney aide Libby to 30 months in prison, announced that he had received threatening phone calls and letters. Apparently, threatening judges is now business as usual for the American conservative movement.
Walton, noting that the threats would have no impact on his looming decision regarding whether Libby could remain free on bond while pursuing his appeal, briefly described being on the receiving end of right-wing rage:

"I received a number of angry, harassing mean-spirited phone calls and letters. Some of those were wishing bad things on me and my family."

Sadly, many of the leading lights in the Republican Party have it made clear that judicial intimidation is now an acceptable part of conservative discourse and political strategy. Senator John Cornyn (R-TX), himself a former Texas Supreme Court Justice, has been at the forefront of GOP advocacy of violence towards members of the bench whose rulings part ways with conservative orthodoxy.
Back in 2005, Cornyn was one of the GOP standard bearers in the conservative fight against so-called "judicial activism" in the wake of the Republicans' disastrous intervention in the Terri Schiavo affair. On April 4th, Cornyn took to the Senate floor to issue a not-too-thinly veiled threat to judges opposing his reactionary agenda. Just days after the murders of judges in Chicago and Atlanta, Cornyn offered his endorsement of judicial intimidation:

"I don't know if there is a cause-and-effect connection, but we have seen some recent episodes of courthouse violence in this country...And I wonder whether there may be some connection between the perception in some quarters, on some occasions, where judges are making political decisions yet are unaccountable to the public, that it builds up and builds up and builds up to the point where some people engage in, engage in violence."

As it turns out, Cornyn was merely echoing the words of the soon-to-be indicted House Majority Leader Tom Delay. On March 31st, Delay issued a statement regarding the consistent rulings in favor of Michael Schiavo by all federal and state court judges involved:

"The time will come for the men responsible for this to answer for their behavior, but not today."

The impact of tacit conservative endorsement of violence against judges cannot be dismissed. After all, it extends to members of the Supreme Court of the United States. In March 2006, Justice Ruth Bader Ginsburg revealed that she and Justice Sandra Day O'Connor were the targets of death threats. On February 28th, 2005, the marshal of the Court informed O'Connor and Ginsburg of an Internet posting citing their references to international law in Court decisions (a frequent whipping boy of the right) as requiring their assassination:

"This is a huge threat to our Republic and Constitutional freedom...If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week."

Neither O'Connor nor Ginsburg are shy about making the connection between Republican rhetoric of judicial intimidation and the upswing in threats and actual violence against judges. Ginsburg noted that they "fuel the irrational fringe" O'Connor blamed Cornyn and his fellow travelers for "creating a culture" in which violence towards judges is merely another political tactic:

"It gets worse. It doesn't help when a high-profile senator suggests a 'cause-and-effect connection' [between controversial rulings and subsequent acts of violence.]"

When anthrax spores were mailed to the Supreme Court in 2001, it did not require a leap of imagination to speculate on the ideological persuasion of the culprit. Aided by best-selling conservative author and media personality Ann Coulter, who joked in January 2006, "We need somebody to put rat poisoning in Justice Stevens' creme brulee," the right-wing endorsement of retribution against judges increasingly permeates the culture.
So dozens of conservative luminaries and legal scholars take the high road take the high road on Scooter Libby's behalf, the threats against Judge Walton suggest the movements foot-soldiers apparently stand ready to do their dirty work.
Just the latest example of what passes for the rule of law in conservative America.


About

Jon Perr
Jon Perr is a technology marketing consultant and product strategist who writes about American politics and public policy.

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