Man files complaint against Alito for not disclosing his case to Senate

[ProSense]

Posted on Fri, Jan. 20, 2006

Judicial misconduct complaint filed against Alito

MARK SCOLFORO
Associated Press

HARRISBURG, Pa. - A retiree filed a judicial misconduct complaint that claims Supreme Court nominee Judge Samuel A. Alito Jr. failed to disclose the man's case in his responses to a U.S. Senate questionnaire.

Snip...

He asked the 3rd Circuit to recuse itself because of a witness' relation to a judge and because it was biased and prejudiced against him in not forcing another judge to step aside.

The landlord, 555 Associates, sued Heimbecker for malicious prosecution after he attempted to bring a private criminal complaint against it, said 555 lawyer Gerald E. Arth. The company won a default judgment in Montgomery County against Heimbecker, and he subsequently lost a lawsuit against it, its employees and others that eventually landed in federal court, Arth said.

"He was angry about what had happened in state court, and the resolution of that, and decided to file a lawsuit in federal court which had no merit, was dismissed," Arth said. "He's tried his hardest, I think, to claim that there was a grand conspiracy against him of lawyers, judges, insurance companies and everything else."

more...

http://www.philly.com/mld/philly/news/13673875.htm

[baldguy]

1. And this helps how?

Heimbecker sounds like a loon who would have accused the Buddha himself of bias.

[benburch]

2. Sounds like a crank

As much as I detest Alito, this has zero merit.

[mom cat]

3. Probably the question is whether Alito withheld the information about

the complaint.

[ProSense]

4. Does the fact that he's prone to filing lawsuits, disqualify the omission?

Is this a diversion?

DRUDGE Exclusive: Teddy's Last Gasp On Alito
Fri Jan 20 2006 13:29:15 ET

THE DRUDGE REPORT has learned Sen. Ted Kennedy's (D-MA) office is behind a last ditch effort to stop Judge Samuel A. Alito's confirmation before next week's vote using a 2004 recusal request.

THE DRUDGE REPORT has obtained a complaint filed by H. Gerard Heimbecker of Upper Darby, PA accusing Alito of not properly listing the Heimbecker v. 555 Associates case in his Senate questionnaire.

Kennedy legal aide James Flug is behind the efforts to push this latest attack. The veteran aide has been criticized for Sen. Kennedy's misfires during the Alito hearing last week. Flug was reportedly behind the attacks Kennedy used against Alito related to the Concerned Alumni of Princeton (CAP) and Vanguard recusal case.

In the 2004 case, Heimbecker not only filed a request for Alito to recuse himself but also the entire Third Circuit as well.

One Capital Aide aware the situation challenged Heimbecker's credibility. "The individual who filed this complaint is clearly a serial litigant. It will be interesting to see how far the Democrats will push this and what the mainstream media will make of it."

Developing...

http://www.drudgereport.com/flash6.htm

edited to add: This may be no big deal, but why did AP pick up this story, which seems to have originated at Sludge?

[tularetom]

5. You answered your own question

The AP picked it up BECAUSE it originated at Sludge.

[ProSense]

6. How are the votes are stacking up? Why are Alito supporters still worried?

Fidelis on Latest Kennedy Attack: 'Enough Already'; Senator Takes Lead in Final Efforts Planned to Destroy Alito
1 hour, 52 minutes ago

To: National Desk

Contact: Brian Burch of Fidelis 734-433-1321 or 734-358-3433 (mobile)

WASHINGTON, Jan. 20 /U.S. Newswire/ -- Upon learning of the latest effort by the office of Senator Ted Kennedy to sabotage the nomination of Judge Samuel Alito, Fidelis President Joseph Cella responded by characterizing the latest attack as "a new low in the confirmation of Judge Alito." Reports on Friday suggest the Massachusetts Senator has launched yet another attack on Judge Alito's integrity for allegedly failing to disclose a 2004 case on his Senate questionnaire where he, along with the entire 3rd Circuit Court of Appeals, was asked to recuse himself.


"After almost two months of preparation, a week of hearings, and another week of delay before the Committee vote, you would think Senator Kennedy would know better than to serve up yet another petty 11th hour assault on Judge Alito's character. Senator Reid along with all Democrats in the Senate hoping to retain some degree of respect should immediately distance themselves from these last-ditch attacks."

more...

http://news.yahoo.com/s/usnw/20060120/pl_usnw/fidelis_on_latest_kennedy_attack___enough_already___senator_takes_lead_in_final_efforts_planned_to_destroy_alito212_xml

[mom cat]

7. They are worried because the tide is turning. We are having an impact.

Keep sending e-mails and faxes this weekend.