Black will get another judge but probably not a different judgment
U.S. District Judge James Dever recuses himself from the Jim Black case -- not because of prejudicial bias but to make sure Black doesn't shift the focus from his own corrupt actions to questions about the court's integrity, Dever writes in a 64-page order.
Dever makes it clear what he thinks about the former speaker of the N.C. House of Representatives:
"In Black's case, this court cannot ignore the extraordinary level of cynicism that Black's
guilty pleas in this court and in state court have created within the body politic in North Carolina.
As Speaker ofthe House, Black was one ofthe most powerful leaders in North Carolina government.
To read a list of former Speakers in North Carolina is to read a list of public servants who each
served North Carolina as Speaker in a distinctive way. As with all former Speakers, the people and
Black's fellow legislators entrusted the Office of the Speaker to Black for his safekeeping during
his time in that Office. Unlike any former North Carolina Speaker of which this court is aware,
Black betrayed that trust by engaging in felonious conduct in that Office. As a result, Black pleaded
guilty in this court and in state court, but sentencing has not yet taken place in either court.
Sentencing in federal court will take place first, and sentencing in state court will then occur.
"Black does not allege any actual bias or prejudice by this court. Needless to say, this court
has no such bias or prejudice against Black. Rather, Black discusses perception. Black believes
reasonable people might reasonably perceive that his 2007 federal criminal case is about my role as
a lawyer in an official-capacity civil redistricting lawsuit filed in 2001. That notion is false. Black's
federal criminal case is not about redistricting or my prior work as a lawyer. Black's federal criminal case is about his guilty plea to soliciting and accepting cash from chiropractors between 2000 and
2005.
"In this case (as in all cases), this court has been fair and impartial in both appearance and fact.
Nonetheless, this court has discretion to recuse in the public interest on its own motion.
"Black has pleaded guilty to a serious crime. The only thing that remains to be done is for a federal
judge to prepare for Black's sentencing hearing, to conduct that hearing, and then to sentence Black.
Other federal judges in the Eastern District are available to do those things and to preside in Black's
case. Once that sentencing takes place in federal court, then Black can be sentenced in state court.
A delay in federal sentencing will delay state sentencing.
Recusal issues under section 455(a) concern perceptions, not reality. In contrast, Black's
federal criminal case concerns the stark reality of public corruption in the highest Office in the
House. The truly unique element in this case is the reality that the people of North Carolina and the
current General Assembly need to have closure on the corrupt chapter that Black has written into the
history of the Office of the Speaker. That closure will not come if Black can try to direct the focus
of this criminal case away from the reality of his own corruption and instead discuss meritless
perceptions about the undersigned. That closure will not come if Black can attempt to delay his
sentencing in federal court via interlocutory appellate proceedings discussing meritless perceptions
concerning which federal judge should sentence him. That closure will not come until Black is
sentenced for the crime to which he pleaded guilty in federal court. That closure will not come until
Black is sentenced in state court for the crimes to which he pleaded guilty in that court."
Dever has got it right. I'm guessing the next judge will see it the same way.
Comments (7)
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Black does not allege any actual bias or prejudice by this court. Needless to say, this court
has no such bias or prejudice against Black* Judge hang them high Dever
Of course Judge Dever is prejudice toward Black, he has already said he was studying ways to extend the federal sentence guidelines against Black. That's like the King of England deciding how many parts of the body to quarter after the accuse is dead.
Do you really believe that if he was the Judge in the Scooter case he would be saying that in public to make Scooter an example of a vast misunderstanding of Republican patriotism?
Posted on June 6, 2007 11:44 AM
If Black does not get 10 years, we should let open the jail doors and let them all go. We taxpayers are paying this jerks lawyer fees. Thanks to Tax Hike Mike.
Posted on June 6, 2007 7:25 PM
Connie Mack you need to get over your hate for republicans. They are dead in the sea, giving this country to Mexico, has more people turning against them that a dog has fleas. In fact I worried what the republican bashing people at the NR will have nothing write about. I heard my man Richard Burr, has giving his approval to screw americans, love them damn Mexicans. If the wreck on I 40 did not show you what this country is about, I have no idea what would. You would have never heard about had a raido station ratted out the liberal press. These guy had been caught twice entering this country illegal, thanks to tax hike mike, he got a driving premit no question asked.Mikey said today, there would be no change in the license program. He really gives a damn about people.
Posted on June 6, 2007 10:03 PM
where are you getting the information that the state is paying for Jim Black's defense?
I would like a source other than whatever bodily orifice you pulled that from.
Posted on June 7, 2007 12:24 PM
Connie Mack you need to get over your hate for republicans.* Doug Johnson
Doug! What for? I simply trying to find a rope long enough to hang them for treason like many millions are thinking now. The last thing you should do is say that you know Senator Burr.
Do really believe the founders and the "real" patriots of this great Republic got over hating King George the 3 rd after the American revolution?
Posted on June 7, 2007 5:36 PM
Mack why get over it because it bad for your health. As a republican, I think I can honestly say, the republicans are dead in the sea.Giving this country to illegals has turned more people from them, than you can image. Inculding me.We except democrats to steal our land, steal our money, and to be corrupt. The republicans under Bush are just as bad as the democrats. You bitch about the war, and I agree.We just last year passed a boarde protection bill, none of it has been enforced. Now Bush comes uo with a boarder protection bill that weaker than the first and calls it a immmigration reform act. Bull feathers this bill was a cheap labor bill, and to hell with America.Now see if you can be that honest about, your democrats. (NOT) By the way I put my money and time where my mouth is.I passed on a golt outing,(all Free) and send faxes and call to Butt* Holes like Richard Burr and Trent Lott and John McCain.
Posted on June 8, 2007 6:21 AM
Mack why get over it because it bad for your health. As a republican, I think I can honestly say, the republicans are dead in the sea.Giving this country to illegals has turned more people from them, than you can image. Inculding me.We except democrats to steal our land, steal our money, and to be corrupt. The republicans under Bush are just as bad as the democrats. You bitch about the war, and I agree.We just last year passed a boarde protection bill, none of it has been enforced. Now Bush comes uo with a boarder protection bill that weaker than the first and calls it a immmigration reform act. Bull feathers this bill was a cheap labor bill, and to hell with America.Now see if you can be that honest about, your democrats. (NOT) By the way I put my money and time where my mouth is.I passed on a golf outing,(all Free) and send faxes and call to Butt* Holes like Richard Burr and Trent Lott and John McCain.
Posted on June 8, 2007 6:22 AM