Attorney for "Frozen Trucker": Neil Gorsuch May Have Been Most Hostile Judge I've Ever Encounted

[Hassin Bin Sober]

https://www.democracynow.org/2017/3/24/attorney_for_frozen_trucker_neil_gorsuch

Attorney for "Frozen Trucker": Neil Gorsuch May Have Been Most Hostile Judge I've Ever Encountered
STORYMARCH 24, 2017Watch iconWATCH FULL SHOW

ROBERT FETTER: Well, in January of 2016, I traveled from Detroit to Denver to oral—to oral argument before the 10th Circuit. When you appear, you appear all at one time with several cases, and you all get called when your turn comes up. We happened to be the last one of that morning session. And I was watching the judges, because it’s all the same three-judge panel, as to what their demeanor was. And I looked with particular interest with Judge Gorsuch, because I knew he was a very conservative judge. And I watched in most of these cases, which were uncontroversial, and he was seemingly either disinterested or pleasant to the attorneys. But it seemed like that was a stark change when our case was called. Judge Gorsuch was incredibly hostile. As attorneys on appellate panels, you have some judges that are hostile. And I’ve litigated many cases in appellate courts. And he—that stood out, because he may have been the most hostile judge I’ve ever appeared before. In fact, it came back to me, interestingly, when I watched Senator Franken’s questioning of Judge Gorsuch, which some described as hostile. But that’s a similar type of tone that Judge Gorsuch took with me when I was arguing Mr. Maddin’s case.

AMY GOODMAN: You were there with—

ROBERT FETTER: I did not get a—

AMY GOODMAN: You were there with another lawyer, right? From the DOL? You shared the time that you had?

ROBERT FETTER: That’s right. Because the DOL, at that level, once it gets to the 10th Circuit, is actually the party. It was TransAm Trucking v. DOL. I intervened to represent the interests of Mr. Maddin in that case, so I had to split the time with the Department of Labor attorney. I believe there was 20 minutes; we each had 10 minutes. Judge Gorsuch was so hostile to the Department of Labor attorney that in the middle of a question, that Department of Labor attorney essentially conceded the rest of his time to me, indicated that, you know, "I’ve agreed to split my time with Mr. Fetter, and he’ll answer that question, and he can have the rest of my time." It was so difficult on that Department of Labor attorney, from Judge Gorsuch, that he essentially gave up time that he had in the oral argument, which, as attorneys, on appellate time, you have such little time, you don’t—you don’t normally give it up.

[UTUSN]

1. He's a skin-crawler perp who puts on a "nice" mask

[Hassin Bin Sober]

3. I feel like the last couple picks have been these undercover fascists who have done a good...

... job staying under the radar - except for their rulings, of course.

It appears to me there has been a deliberate ploy to keep these "sleeper judges" under wraps and then have them lie through their teeth and play dumb at the confirmation hearings.

[defacto7]

5. Passive agressive?

Sounds like a controlled manipulator... smile and shoot type.

[elleng]

2. DAMN!

[dalton99a]

4. Like mother, like son

Gorsuch is a dangerous snake. He is firmly pro-business, anti-worker and anti-consumer.

[pansypoo53219]

6. folksy smokescreen. charm offense. not buying it.