Drudge is splashing an “exclusive” about the Heimbecker v. 555 Associates case that was not included on question #23 of Alito’s Senate questionaire. It turns out this is not really a new revelation, as back on Jan 11th, Mr. Heimbecker posted on Democrats.org that he had faxed information about this to Patrick Leahy and Arlen Specter.
Heimbecker’s letter states, in part:
Dear Senator Specter:
Question 23 from the Senate Judiciary Questionnaire reads, in part, as follows: Please provide a list of any instance during your tenure on the Third Circuit that there has been a request for you to recuse yourself from a case, motion, or matter, or when you have otherwise considered recusing yourself from a case, motion, or matter.
As a litigant, who had filed several motions for Judge Alito’s recusal, I was anxious to review his answer to Question 23. He listed 23 cases, from 1990 to 2005. He failed to include Heimbecker v. 555 Associates, 03-2180 (3rd Cir. 2004). To confirm that 03-2180 is4 a case that should have been on his list but was omitted from his answer, the docket in 03-2180 reflects his order as follows:
2/9/04 ORDER(Alito, Authoring Judge, McKee and Cowen, Circuit Judges)denying motion by Pro Se Appellant H. Gerard Heimbecker to Disqualify the Third Circuit because each judge must decide individually
whether to recuse. Judges Alito, McKee and Cowen do not recuse, filed. (ghb) His list of 23 cases included both serious and frivolous cases. If 03-2180 was a frivolous case, it would have been included. There can be only two possibilities to explain his failure to include 03-2180 in his answer. Either he forgot or he didn’t forget.
The original case in question appears to be here. Michelle Malkin has more, as does Prof Bainbridge. The man is clearly qualified to serve, as anyone who watched the hearings knows. These last gasps of opposition will die out quickly, particularly after the Democrats further eroded their credibility during the hearings.