They Canned My Favorite Judge

Judge Royce C. Lamberth is gone. I can’t believe it. My absolutely
favorite guy on the federal bench and they sent him to the showers.

Roycelamberth_1
Judge Royce C. Lamberth is gone. I can’t believe it. My absolutely
favorite guy on the federal bench and they sent him to the showers.

I mean, what is there possibly not to like about this man? Lamberth
has at one time or another called the Bureau of Indian Affairs

  • “A dinosaur . . . the morally and culturally oblivious
    hand-me-down of a disgracefully racist and imperialist government that
    should have been buried a century ago, the last pathetic outpost of the
    indifference and anglocentrism we thought we had left behind.”
  • “100 plus years of bad facts, it’s pattern of unethical behavior
    and its persistent strategy of diversion, delay and obstruction.”
  • Guilty of “falsification, spite and obstinate litigiousness” with “no legal or factual basis.”

What’s wrong with that? Hey, if a judge can’t finger the feds for what they are, what good is he?
In a  July 2005 opinion, Lamberth wrote that

“the
entire record in this case tells the dreary story of Interior’s
degenerate tenure as Trustee-Delegate for the Indian trust — a story
shot through with bureaucratic blunders, flubs, goofs and foul-ups, and
peppered with scandals, deception, dirty tricks and outright villainy
— the end of which is nowhere in sight.”

In
lifting him from his position on the bench in this particular
litigation, the appeals court justices were, at best, halfhearted in
their criticism.

“Although the July 12 opinion
contains harsh — even incendiary — language, much of that language
represents nothing more than the views of an experienced judge who,
having presided over this exceptionally contentious case for almost a
decade, has become ‘exceedingly ill disposed towards a defendant’ that
has flagrantly and repeatedly breached its fiduciary obligations.”

Words
like “ignominious,” “incompetent,” “malfeasance,” and “recalcitrance,”
the three-judge panel wrote, “are fair and well supported by the
record.” Still, the judges decided, after nearly 10 years on the case
US District Judge Royce Lamberth had “exceeded the role of impartial
arbiter” in hearing Cobell v. Kempthorne.

Well, I guess ten years of self-serving idiocy would try most judges’ patience. When ‘malfeasance’ is well supported by the record, it’s time to put fire to the feet of the Department of Interior, not fire the judge. From the Washington Post;

Since
Blackfoot tribal leader Eloise Cobell filed the lawsuit in 1996,
several independent investigations found that the Interior Department
had never kept complete records, used unknown amounts of the funds to
help balance the federal budget, and let the oil and gas industry use
Indian lands at bargain rates.

BushkempthorneBut
now it appears that they have won, these cretins from the Department of
the Interior. They’ve lied and misrepresented and stalled and
obfuscated against the most American Americans we have on our soil.
Interior, in its malfeasant oversight of Indian Affairs, perpetrates an
ongoing crime. Secretary Dirk Kempthorne, as well as Indian Affairs
Committee Chairman John McCain are co-conspirators in this shameful
conduct.
Further in the Washington Post article by Eric Weiss;

Lamberth
is a sharp-tongued Texan appointed to the bench by President Ronald
Reagan. He has defenders from all points of the political spectrum and
has repeatedly been ranked by lawyers as among the most skilled judges on the court.
“He is a hero and should be treated as a hero,” said Stanley
Sporkin, a former colleague of Lamberth’s on the bench who was removed
from the Microsoft case for reading a book that was not part of the
official record.
“He is a very bright and able and competent judge who was doing
justice,” Sporkin said. “And it’s hard to fault a judge for that.”

Mediator
John Bickerman, brought in to try to relieve the impasse, came down
pretty much for the Indians. While he didn’t support the Indian
proposal for a $27.5 billion settlement, he did say that any settlement
should be in the billions. And he pointedly stated that the government’s claims that any settlement should be “far less than $500 million” is based “on arbitrary and false assumptions.”
Johnmccain_1Snake
oil and beads. Yet another case of the United States slipping smallpox
in the blankets. The feds won’t own up to their historic and documented
obligation under treaty. They’re going to stonewall it until it goes
away. Short of that, Kempthorne will see that the pressure goes away; with Royce Lamberth off the bench and John McCain off to the 2008 campaign trail.
Campaign trail or Trail of Tears, take your pick, they’re both just another dead end for native Americans.
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