Author Topic: The appearance of impropriety  (Read 1542 times)


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The appearance of impropriety
« on: October 09, 2019, 09:37:17 AM »
This subject comes up a lot lately. Sessions recused. Trump's conflicts. Uranium One. Biden's son.

We didn't start the fire...

It seems like conflict of interest and the appearance of impropriety is only brought up by political opponents. I'm thinking hard, but has there ever been a case where there has been widespread agreement of such a conflict? In any era?

We even had Trump suggesting that Curiel couldn't be impartial about Trump University because he had Mexican heritage.


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Re: The appearance of impropriety
« Reply #1 on: October 09, 2019, 10:24:01 AM »
Not sure what you're asking, prior to the hyperpartisan era, recusals for conflict were in fact common even in significant situations.  They still occur routinely in non-partisan situations.

I mean here's a link to an ABA write up of recusals in 2016 (granted they were hyper focused because Kagan had a lot of situations she had to recuse from, and that potentially impacted the ability to push liberal positions through the court).

Not sure how commonly prosecutors recuse themselves, or if there are metrics on other judges (I assume so).  I suspect you're going to see a lot more of these complaints going forward, after all there's a reason that Soros started heavily funding district attorney campaigns.  Whether you see that as a search for better justice, or the ability to exert political control over the bringing of charges is probably a function of which party you support, but there's no question that it's making the elections he touches far more partisan than they ever have been before.