Assessing Judicial Fitness: Judge Newman’s Alleged Cognitive Decline

by Dennis Crouch

This week, the Federal Circuit disclosed further documents from a special committee established to evaluate the potential removal of Judge Pauline Newman from active duty due to a suspected mental or physical disability that could affect her judicial capabilities. The order, dated May 16, 2023, gives a more comprehensive discussion on concerns about Judge Newman’s performance, including signs of memory issues or confusion and diminished productivity. The document also outlines an investigation involving requested medical assessments and records, which Judge Newman has declined to provide.

The committee, formed on March 24, 2023, and comprising of Chief Judge Moore, Judge Prost, and Judge Taranto, is tasked to scrutinize the complaint, deliver their findings, and propose recommendations. Successive orders on April 7, April 17, and May 3, 2023, commanded Judge Newman to undertake a neurological evaluation and neuropsychological testing, backed unanimously by the council members based on noticeable changes in her mental sharpness.  Judge Newman opposed the mandated examinations, arguing that she should have the right to choose the medical professionals conducting them and that these examinations should have boundaries.

The May 16 order reiterates the need for these examinations in light of substantial evidence suggesting a possible disability that might inhibit Judge Newman’s judicial functions. The document then elaborates on the concerns expressed by court employees about Judge Newman’s competence. Reports from employees from various departments, including the Clerk’s Office, IT, HR, and Judge Newman’s chambers, highlight issues like memory lapses, confusion, paranoia, and inability to execute simple tasks. Notably, it details frequent accusations from Judge Newman about her email and computer being hacked, and her phones being bugged, as well as difficulty with everyday tasks such as logging into the court system, misplacing court documents, and forgetting information. The Judge has also shown confusion regarding court rules and struggled with mandatory security awareness training. These issues suggest significant cognitive impairment, according to the order, warranting a medical examination.

The document further mentions that “two out of five members of Judge Newman’s staff have recently resigned and have requested to have no further contact with Judge Newman.” It adds that “Judge Newman threatened to have a staff member arrested and removed from the building,” and another staff member “asserts her Fifth Amendment right to remain silent to avoid self-incrimination when asked about her role and responsibilities in the chambers, based on her lawyer’s advice.”

19 thoughts on “Assessing Judicial Fitness: Judge Newman’s Alleged Cognitive Decline

  1. 6

    Anyone else find it suspicious that Judge Moore, who Newman’s chief nemesis, comes from the military industrial complex, i.e. the bandits of the beltway, where spying and the use of psy ops like gaslighting are routine. Seriously, I would be surprised if Newman was not being electronically harassed. Time for Judge Newman to call the NSA and FBI to get to any possible violations of the Computer Fraud Abuse Act (CFAA) (a 5 year felony) by members of the CAFC thoroughly vetted. The CFAA is also a private cause of action that Judge Newman’s lawyers should pursue against individual defendants. A RICO cause of action looks possible as well. I know a great tech guy that would help who is from the agency. Where do I sign up to be one of Judge Newman’s law clerks since there appear to be a new openings? It would be an honor working for Judge Newman but she would hate me sweeping for bugs constantly using a spectrum frequency analyzer and encrypting everything. Time to run the office by Moscow rules.

    1. 6.1

      “Where do I sign up to be one of Judge Newman’s law clerks?”

      You will be contacted shortly. Listen for three quick knocks, a pause, and then two slow knocks. Then you know it’s the real deal.

      1. 6.1.1

        Do you operate so naively in the world of intellectual property that you have never encountered industrial espionage? I was briefed on the threat of industrial espionage multiple times as a patent examiner. My LLM trade secret class significantly covered real world espionage techniques. The Prophet needs to go back to school to adequately represent his clients because his ignorance is stunning. Dude, you are freak-en clueless.

        1. 6.1.1.1

          I was a spy for China for ten years before becoming becoming a US citizen, then a CIA agent, and then a patent attorney so, yes, I’m familiar with all kinds of espionage.

          It’s 2023. “Bug sweeping” is a concept that professionals have been laughing at for 30 years. That’s TV sitcom stuff.

          1. 6.1.1.1.1

            … and all that time, you never left your mother’s basement.

            I will say this though: that is by far the most imagination anyone has seen from you since you started posting, what 18 years ago now?

  2. 5

    “memory lapses, confusion, paranoia, and inability to execute simple tasks … accusations about her email and computer being hacked, and her phones being bugged, as well as difficulty with everyday tasks such as logging into the court system, misplacing court documents, and forgetting information”

    sarah mcpherson is Newman’s sockpuppet?

  3. 4

    Dennis neglects to point out that the instances of Judge Newman’s “challenges” that are dated all occur on April 18 or later. Other instances are not dated. To me, this is problematic.

    I do not think this is a good look for the court.

  4. 3

    “Notably, it details frequent accusations from Judge Newman about her email and computer being hacked, and her phones being bugged …”

    These days, this serves more as evidence of her sanity than of any cognitive decline.

    1. 3.1

      I concur. As the CEO of INTEL Corporation said “Only the paranoid survive.”

      Andy Grove

    2. 3.2

      Generally speaking, an employee’s emails sent or received using a work computer are viewable at any time by a manager of the employee. That would apply to Federal employees as well (Newman is a Federal employee). Likewise with logs of phone calls etc. Presumably Chief Judge Moore has access to all such information and if she doesn’t then someone at the Supreme Court has it.

  5. 2

    Mostly this is just sad. Just like the Sen. Fienstein situation. Everyone gets old and eventually has to move on to a next phase of life due to age. There should be a mandatory retirement age for public office holders – maybe 75 or 80 – but something to prevent these mostly just tragic spectacles.
    Regardless of who is “right” here, it is unfortunate that this is the last act on which the career of a distinguished jurist and patent law lion will be remembered.

      1. 2.1.1

        So why hide this?

        Sure, this one is OT, but at least it is not such obvious banal propaganda as most of Greg’s Rotten Eggs.

    1. 2.2

      “There should be a mandatory retirement age for public office holders – maybe 75 or 80”

      Unless, that is, one wants to be President of the United States.

      Unless.

  6. 1

    “which Judge Newman has declined to provide.”

    Based.

    10000% based.

    “Chief Judge Moore, Judge Prost, and Judge Taranto”

    Muh committee is three people lol. Including the one filing the complaint.

    “Judge Newman opposed the mandated examinations”

    Should read: “Newman never took the tests.”

    “highlight issues like memory lapses, confusion, paranoia, and inability to execute simple tasks”

    Sounds a lot like myself, though I’m not that paranoid.

    “Notably, it details frequent accusations from Judge Newman about her email and computer being hacked, and her phones being bugged, as well as difficulty with everyday tasks such as logging into the court system, misplacing court documents, and forgetting information.”

    Again very similar to myself with the exception of the paranoia. Though to be fair, she might be clicking the phishing links.

    “The Judge has also shown confusion regarding court rules and struggled with mandatory security awareness training.”

    Not sure what “court rules” they’re talking about but the mandatory security training is a detriment to us all. The most recent version is legitimately crazy and will make paranoids of us all. Maybe that is why she thinks she’s getting haxed, she actually paid attention to the “muh security training” that basically tells you there are hackers lurking around every facebook link. Which, while probably not untrue, is mostly irrelevant.

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