Posts Tagged ‘magistrate judge’

Will the Judges In the Eleventh Circuit Lie to Protect Judge Graham?

March 28, 2008

Will the Eleventh Circuit, U.S. Court of Appeal lie to protect Judge Donald L. Graham? The answer is a resounding yes.

Judge Donald L. GrahamJudge Donald L. Graham


Lying About Appellate Review Of Judge Graham’s Disqualification The lie told by the Eleventh Circuit is really quite simple. As set forth below in Case No. 01-13664, the Eleventh Circuit declined to review the issue of whether Judge Graham should have disqualified or not due to alleged misconduct in their decision of October 16, 2002. However, sometime in early 2005, Marcellus Mason subsequently filed a petition for mandamus seeking appellate review as to whether or not Judge Graham should have disqualified due to alleged misconduct. On March 16, 2005, Case No. 05-10623, pg. 2, the Eleventh Circuit promptly lied by explicitly suggesting that they had reviewed this matter. This is dishonesty of the highest magnitude. Case No. 01-13664
In an unpublished opinion, [Case No. 01-13664] the Eleventh Circuit, Judges Stanley F. Birch, Jr., Susan H. Black, and Stanley Marcus have expressly stated that allegations of judicial misconduct are not reviewable on appeal. Theses allegations were not tested for veracity they were simply ignored. Specifically, in the opinion rendered on October 16, 2002, Judges Stanley F. Birch, Jr., Susan H. Black, and Stanley Marcus asserted:

“Mason also raises issues that relate to non-sanction matters, e.g., .. the denial of his motions to disqualify the district court and magistrate judges…”

See Opinion, page 10. This is the sum total of appellate review as to whether Judge Donald L. Graham should have been disqualified due to misconduct. There is absolutely no discussion as to whether the allegations of misconduct are true or not.

Eleventh Circuit Case No. 05-10623

On March 16, 2005, Case No. 05-10623, pg. 2, the Eleventh Circuit and Judge Rosemary Barkett asserted the following:

In this case, Mason is not entitled to the recusal of Judge Graham because final judgment has been entered in his employment discrimination case, and he raised Judge Graham’s denial of his recusal motion on appeal.

This is a classical example of how a half- truth can be a lie because it is misleading. Mason did raise the issue of Judge Graham’s failure to disqualify (Case No. 01-13664), however, as fully set forth and documented above, the Eleventh Circuit refused to review this issue or to test the veracity of the allegations of misconduct and abuse by Judge Graham which Mason had asserted in his brief.