Special Committee: Newman Should be Suspended for 1 Year based upon Refusal to Undergo Medical Examinations

by Dennis Crouch

The Federal Circuit Special Committee has released a 100+ page report that recommends Judge Pauline Newman be suspended for her refusal to comply with the committee’s order that would permit an independent doctor conduct a mental or physical examination.   The proposed suspension for “one year or until she complies.”  This report will be delivered to the Judicial Council that will make its own decision.  I expect that the Judicial Council will agree with the sanction.

The committee consisting of Chief Judge Moore, former Chief Judge Prost, and Judge Taranto concluded that it had authority and a reasonable basis to order medical examinations and records from Judge Newman.  And, her refusal to cooperate constitutes misconduct with no good cause shown. Her arguments attempting to justify her refusal were each addressed and rejected by the committee.

Most pointedly, Judge Newman had provided her own medical report purporting to show her competence. The committee rejected that report as inadequate — giving it “no weight”:

  • Source of Expert: The neurologist was chosen and engaged by Judge Newman herself, rather than being an independent expert selected by the Committee. This raised concerns about impartiality.
  • Limited Scope: The report indicates only a limited examination was performed, not the comprehensive medical and mental health evaluations ordered by the Committee.
  • No Opportunity to Question: The Committee and its experts had no ability to question the doctor, assess credibility, or probe his evaluation methods.
  • Incomplete Conclusion: The report concludes there is no disability, but does not seem to thoroughly evaluate Judge Newman’s mental fitness to fulfill her judicial duties.
  • Contrary Evidence: The report appears to ignore or downplay the contrary evidence of cognitive issues cited by the Committee.

In essence, the Committee found the report lacked credibility and thoroughness. Judge Newman had raised additional issues:

  • Due Process and Recusal: Judge Newman argued the proceedings violate due process and required judicial recusal. The committee found they follow appropriate procedures and do not violate any of Judge Newman’s rights.
  • Bias Arguments: Judge Newman alleged bias by the Judicial Council and Committee. The committee found no evidence of bias in the Council’s actions to suspend case assignments or the Committee’s prior orders.
  • Staffing/Resources Arguments: Judge Newman claimed she was deprived of necessary staff and equipment. The committee found no merit to these arguments.
  • Transfer Request Arguments: Judge Newman requested the matter be transferred to another circuit. The committee found no basis for such transfer.
  • Cooperation Arguments: Judge Newman asserted she has cooperated and the orders were defective. The committee found she clearly refused to undergo medical exams and that the orders were proper.
  • No Reasonable Basis Arguments: Judge Newman argued the committee lacked reasonable basis for orders. The committee pointed to staff concerns, case delays, and expert recommendation as providing reasonable basis.

July 31, 2023 Report and Recommendation

Newman’s separate lawsuit in D.C.Circuit seeking a declaratory judgment has not really moved.  The Special Committee indicated the view that their process was the proper venue rather than district court.

* The image above comes from the Montreal Cognitive Assessment (MOCA) that was given to Judge Newman by her neurologist. MOCA-Test-English. It was only partially completed because she had a broken wrist at the time and so was not able to trace the dots, draw the cube, or draw the clock.

128 thoughts on “Special Committee: Newman Should be Suspended for 1 Year based upon Refusal to Undergo Medical Examinations

  1. 17

    This is a Constitutional crisis. It is also a travesty of justice. Being committed by a court which controls patents, the USPTO, among others. The most recent transcript shared with the cardiac event redaction painfully explained is simply shameful. The Committee and this entire Court should not just be ashamed of itself, it should recognize that it violates the oaths taken, when accepting those positions of power. It reflects poorly on all of us. Shame.

  2. 14

    I have no opinion about Judge Newman’s mental state. But she is an Article III judge. Acc. to the Constitution, Article III judges “shall hold their Offices during good Behaviour.” Other than impeachment by the House and removal by the Senate, the Constitution has no other mechanism for removing a judge.

    So what authority does this “Special Committee” or any other member of the CAFC have over her?

    1. 14.1

      My feelings exactly. The House should impeach her if she is incompetent. Otherwise, this committee seems to be outrageous.

      1. 14.1.1

        On no! Grandpa Tuckerluvver with the lengthy rap sheet is outraged! Watch out, kids.

    2. 14.2

      “I have no opinion about Judge Newman’s mental state after not reading a long report signed by her co-workers detailing her erratic harassing incompetence. But I do have some completely vapid remarks about the US Constitution! I am not a crank and not just another rightwing loser soaked by in flop sweat.”

      1. 14.2.1

        a long report signed by her co-workers detailing

        LOL – the perps provide a self-serving document, and Malcolm goes “what’s wrong with that?”

    3. 14.3

      I agree that the whole procedure is problematic with regard to Article III judges and perhaps a challenge to the constitutionality of the Judicial Improvements Act of 2002 (Pub. L. 107-273, div. C, title I; 28 U.S.C. Pt. I, ch. 16, sec. 351 et seq.) could be mounted on the grounds that suspending the judge and assignment of no new cases to that judge amounts to “a de facto removal” that goes completely around the impeachment process. (No doubt the court would regard the assignment of cases to be a purely internal affair; but in that case no Council proceedings would really be needed.) Also, the possibility of the Judicial Council being able to certify disability of a judge so that a “substitute” judge could be nominated and appointed (28 U.S.C. 372) reinforces that perception. Yes, there is one provision for referral by the Judicial Conference of the United States to the House of Representatives for potential impeachment inquiry where warranted, but that doesn’t excuse the lesser penalties being already imposed.

      Personally, I find the review of a judge by the very same circuit to be ripe for potential abuse, as perhaps might be occurring here. First hand witnesses and deciders of fact should not be the same group of people if there is to be any impartiality. A Council from a nearby but different circuit would be more fair and impartial, since the judge being reviewed and the Council doing the reviewing would not have daily dealings with each other. But that’s not how it seems the law is currently written.

      1. 14.3.1

        Maybe one of the other Federal appellate courts can step up and adopt Judge Newman since she is so incredibly brilliant and totally not a paranoid harassing narcissist who is fading fast into the twilight.

        There literally is zero evidence of “unfairness” or “impartiality” here. 95% of the griping is from online fanboys who see Newman as some sort of savior for the rotten patent claims they want to assert or draft for their know-nothing rube clients.

  3. 13

    FYI drawing the cube and the clock is something that people with mild cognitive impairment or dementia cannot do.

  4. 12

    RE: Source of Expert: The neurologist was chosen and engaged by Judge Newman herself, rather than being an independent expert selected by the Committee. This raised concerns about impartiality.

    Impartiality concerns would also be raised by the Committee being the ones to select the neurologist. If a single “expert” neurologist is to be used, then the selection should be someone with whom both parties agree, not either one of the parties unilaterally.

    RE: Limited Scope: The report indicates only a limited examination was performed, not the comprehensive medical and mental health evaluations ordered by the Committee.

    The scope of the mental health evaluations to be performed should likewise be agreed to by both parties, not either one of the parties by themselves. If she is truly competent to serve, Judge Newman does herself no favors by undergoing only a limited evaluation.

    RE: No Opportunity to Question: The Committee and its experts had no ability to question the doctor, assess credibility, or probe his evaluation methods.

    I agree this is very problematic. The neurologist should have been available for cross-examination by the Committee.

    RE: Incomplete Conclusion: The report concludes there is no disability, but does not seem to thoroughly evaluate Judge Newman’s mental fitness to fulfill her judicial duties. – and –
    Contrary Evidence: The report appears to ignore or downplay the contrary evidence of cognitive issues cited by the Committee.

    These could have been properly addressed if the neurologist had been made available for examination. Not doing so, looks bad for Judge Newman.

    RE: The committee rejected that report as inadequate — giving it “no weight”.

    “No” weight perhaps goes too far, but is understandable given the Committee’s inability to examine the expert.

    RE: Transfer Request Arguments: Judge Newman requested the matter be transferred to another circuit. The committee found no basis for such transfer.

    This may be the crux of the whole proceeding, since Judge Newman thinks many of her colleagues are out to get rid of her. Change of venue to a different circuit would be appropriate and would probably elicit more cooperation out of her. Indeed, it seems that should be the normal procedure for any judicial competency hearing.

    1. 12.1

      You may be late to the party and not recognize the initial “leave quietly or we will make your life he 11” beginning tone.

      As impartial a response on the evaluation as you may point out, it is more than (far more than) the cabal deserve.

    2. 12.2

      >I agree this is very problematic. The neurologist should have been available for cross-examination by the Committee.

      It would have been grossly inappropriate due to both privledge and privacy concerns. As long a board-certified doctor signs off on her mental competency, that should be enough. That’s the standard virtually everywhere else.

      1. 12.2.1

        My understanding is that the artists want to stop the ability of AI models being trained with their work.

        1. 12.2.1.1

          Perhaps you meant to reply to the comment string below, and I certainly can see the “Hollywood” types VERY concerned with their roles basically removed by generative AI.

          This though would be a concern on both ends – inputs and outputs.

          Anyone understanding the nature of how generative AI works though would quickly realize that the ‘argument’ on the input side is bogus.

          1. 12.2.1.1.1

            >Anyone understanding the nature of how generative AI works though would quickly realize that the ‘argument’ on the input side is bogus.

            It definitely is. That is one reason it is so interesting as the Biden admin appears to be taking the side of the artists.

      2. 12.2.2

        OldCurmudgeon: Privilege and privacy concerns are not a concern since Judge Newman herself was the one who submitted the neurologist report as evidence of her alleged competence. If she wanted to maintain privilege and privacy she shouldn’t have introduced it into evidence in the first place. You can’t have it both ways. If she wants that report to be given any weight, then Committee evaluation of the neurologist’s asserted expertise and of the criteria, methods and tests carried out need to be part of the package as well.

  5. 11

    OT somewhat, but this is interesting. Weird that they are not challenging the output of the AI but the input of the AI. Our wackadoodle VP supports this lawsuit.

    link to msn.com

    1. 11.1

      Meh, this from the article tipped me off that the author simply does not have a good grasp of the subject (sure, there are a few correct statements, but far too many incorrect ones, and this will cause more confusion than clarification on its face):

      For a work to be included in the fair use category, it needs to meet several criteria: the purpose and character of the use; the nature of the copyrighted work; the amount and substantiality of the portion used and its effect on the market for the original work.

      1. 11.1.1

        anon, it is interesting. The VP has already mentioned this and part of the strike is about this issue.

        It is not a meh. But an interesting issue.

        1. 11.1.1.1

          Oh, do not get me wrong – the issue is interesting.

          My comments were on the article that you presented – the article leaves A LOT to be desired.

    2. 11.2

      I thought most of these lawsuits were based on the DMCA’s copyright management info requirement vs. “copyright infringement.” The difference technically takes fair use off the table (though perhaps it’s still there via the ‘protected by copyright’ limitations in the DMCA).

      I can image some sort of moral rights / trademark issue wrt prompts like “draw a picture of X in the style of [famous living artist],” though I’m also leary of IP rights in something as nebulous as a style (OTOH, some of the dissents in the Warhal case seemed to accept the idea)

  6. 10

    Code of Judicial Ethics for US Judges
    link to uscourts.gov

    Canon 2: A Judge Should Avoid Impropriety and the Appearance of Impropriety in all Activities

    (A) Respect for Law. A judge should respect and comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.

    Canon 3: A Judge Should Perform the Duties of the Office Fairly, Impartially and Diligently

    The duties of judicial office take precedence over all other activities. The judge should perform those duties with respect for others, and should not engage in behavior that is harassing, abusive, prejudiced, or biased. The judge should adhere to the following standards:

    (C) Disqualification.

    (1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to instances in which:

    (a) the judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;

    (d) the judge or the judge’s spouse, or a person related to either within the third degree of relationship, or the spouse of such a person is:

    (iv) to the judge’s knowledge likely to be a material witness in the proceeding;

        1. 10.1.2.1

          … sure, if you focus on ad hominem rather than the content of what he offers.

          As always, your choice.

  7. 9

    What America needs most right now is for one of the members of the CAFC to do the good, right, moral, and noble thing by standing up against this evil, vile, unjustified attack on one of their colleagues.

    What America needs most right now is the CAFC’s own Mr. Smith Goes to Washington:

    link to youtube.com

  8. 8

    Joe Biden. John Fetterman. Diane Feinstein. All still have their jobs. Stare decisis requires Judge Newman to retain her job, too. Second, requiring her to submit to a cognitive exam (and only her), presupposes that she has a mental defect. Being late with work or even being lazy, especially in a Government job, is not evidence of mental defect. I would not submit to a mental exam either.

    1. 8.1

      Read the report. This isn’t about “being lazy” or merely “being late.” Some judge is always going to be the fastest and some will be the slowest. This isn’t about that. Have you spent a lot of time with 96 year old people?

      “I would not submit to a mental exam either.”

      Why not?

      1. 8.1.1

        Take the initial introduction of the matter to Judge Newman on its face value:

        “Step down or we will make your life into a living H e 11.”

        And then, “you will comply with OUR demands on OUR timing.”

        She rightfully said F U, and HAS complied with a mental exam.

        This (entirely predictable) ‘report’ by the very Perps aiming to railroad her should be given its due weight – that is to say – nothing.

        1. 8.1.1.1

          “ She .. HAS complied with a mental exam.”

          LOL

          Do you share the same doctor, by any chance? You two seem to have a lot in common.

          1. 8.1.1.1.1

            I am sure that you intended that as an insult (and as typical for you when it comes to being anti-patent, you have given me instead a rather high compliment).

    2. 8.2

      “Joe Biden. John Fetterman. Diane Feinstein. All still have their jobs.”

      Wow, that’s an exhaustive list of … nothing?

      “Stare decisis requires Judge Newman to retain her job, too”

      And that guy Bruce from Walgreens who falsely accuses the security guards of trying to set fire to the building. He gets to retain his job, also!

      After all, if a bunch of appellate judges can require a 96 year old judge in their ranks to (omg) take a mental health test then YOU MIGHT BE NEXT!

      Next thing you know people will be judging you for being biased against blacks. Watch out! YOU COULD BE NEXT!

      1. 8.2.1

        “The majority can make the minority do whatever they want! They are the majority!”

        Views like THAT are the reason the US is a republic, NOT a democracy.

        1. 8.2.1.2

          “ the US is a republic, NOT a democracy”

          LOL

          Seriously? This ridilous meme literally continues to exist only to flag the non-ironic utterer as a childish script-reciting dolt. Congrats.

          1. 8.2.1.2.1

            nice Malcolm – pure ad hominem from you that impugns you rather than your target.

            As usual.

            Say “la vie.”

    3. 8.3

      “Being late with work or even being lazy, especially in a Government job, is not evidence of mental defect. ”

      Based. 100% based. Based and truthpilled. Indeed, that is evidence of clear mental faculty. The only evidence of record that indicates such besides a basic medical report which in these circumstances unfortunately means little. However, in this context it appears that she was one of the crazies that wasn’t being late or lazy at her gov. job for years. Then all of a sudden started doing so. I doubt she all of a sudden saw the light in her twilight years that she shoulda been draggin up in thare all all along. Instead I think it’s schizophrenia.

        1. 8.3.1.1

          It’s in the report if you’d read it. Her work output dropped a bit back in fair sudden fashion, and she stopped being as attentive at oral args said one of the court dudes, as well as other related things.

          1. 8.3.1.1.1

            Do not confuse accusations as ‘must’ be true.

            As I have stated several times now, the report is self-serving nonsense by the same three perps that first approached Judge Newman with the “offer” of, ‘Step down quietly, or we will make your life H e 11.’

  9. 7

    I suggest Newman “supporters” read through the email exchange of Exhibit 6. Acknowledging that this likely represents a “bad day” (or two), I find it deeply disquieting. Not for the sake of the court or its petitions, but for the judge’s sake.

      1. 7.1.2

        If that be the case, it might be schizophrenia starting to disorder her lived life experience and that of those around her.

    1. 7.2

      Disturbing: The stuff starting around page 33 of the report.
      Even more disturbing: Starting at page 117 of the PDF is a transcript of a deposition of one of Judge Newman’s clerks. The clerk takes the 5th in response to every substantive question.
      (wondering who advised the clerk to take the 5th, but the clerk would take the 5th if asked that)

      1. 7.2.1

        Thanks for pointing to the report at around page 33; if true, these multiple reports of Judge Newman being very confused about where various files are located and about previous conversations sounds like someone in maybe early stages of Alzheimer’s. It’s tragic. Also that first deposition in the attachments is bonkers. Is that correct, that you can invoke the fifth amendment in a civil proceeding and not explain why because the explanation is privileged? If so, it seems like more people would be using that to avoid answering any question any time. But this investigation and further proceedings should absolutely be conducted by independent third parties. Even if the Federal Circuit judges are truly impartial, it sure doesn’t look that way from the outside.

    2. 7.3

      Yeah bros, upon review it does seem that she does require the return of “her information” on “her chambers computer” and has not been trusting her trusty blanked out employee.

      What is rather sad however is that all these learned people around her cannot spot schizophrenia when it is smacking them in the face.

      I will bet 1000$ it is schizophrenia and not merely Alzheimer’s, though it may be both. When you start getting into the persecutory thinking, that is thinking someone isn’t trustworthy or is “out to get you” (complete with delusions/hallucinations etc.), when they plainly are not, you’re into schizophrenia almost every time. Could possibly be schizoaffective, but near surely is schizophrenia. If she is also reported to have mania or depression (especially depression) then it is likely schizoaffective, but since there does not appear to be any indication of that as yet, tis likely just schizophrenia. There’s a couple other possibilities, but when it looks like this, it’s usually the schizophrenia.

      Also, fun fact, the “newman files” that are being discussed are actually just risque photos of MM, they’re not even required for her job technically speaking.

      However, she also doesn’t seem to understand the concept of a network drive. She is, after all, pre-boomer.

      One thing that is unclear to me however, is why all this is happening over email, and what all would have been discussed irl or on the phone.

      Also shout out to “dissembling” users lolol!

      1. 7.3.1

        What is rather sad however is that all these learned people around her cannot spot schizophrenia when it is smacking them in the face.

        Maybe it is schizophrenia. Maybe it is dementia. The two are not mutually exclusive, so maybe it is both. There is nothing wildly implausible about the idea that a 96-year old might be mentally infirm in a manner that would preclude her serving as a federal judge, especially a federal judge in active service.

        On the other hand, neither you nor I are in possession of any sort of first-hand evidence. The first-hand evidence in which I am in actual possession—the hard, undeniable evidence that I can trust absolutely without relying on anyone else’s say-so—is the continued judicial work-product that Judge Newman issues. The real test of a judge is the quality of his or her judgments, and Judge Newman’s written output remains indistinguishable now from her output 10 years ago, or 20 years ago, or 30 years ago. That is what I know about Judge Newman’s mental fitness. The rest is all hearsay.

        Mind you, the “hearsay” of her colleagues on the bench is a meaningful point of evidence. They know her better than I do, so they are in a much better position than am I to evaluate whether she is “losing it” (so to speak).

        You know what would be a great way to sort this out? Put all of the facts in front of a genuinely neutral arbiter, and let that arbiter decide. Why not do so, and let the chips fall where they may?

        If the neutral arbiters think that her case should be referred to the House for impeachment proceedings, I dare say that most people of good faith would second any such recommendation. Meanwhile, if the neutral arbiters find no impediment to her continued service, then people of good faith should welcome Judge Newman’s return to service.

        1. 7.3.1.1

          “On the other hand, neither you nor I are in possession of any sort of first-hand evidence.”

          That email chain seems rather “first hand”. Not sure if you mean even more “first hand” than that or what.

          “The first-hand evidence in which I am in actual possession—the hard, undeniable evidence that I can trust absolutely without relying on anyone else’s say-so—is the continued judicial work-product that Judge Newman issues.”

          Schizophrenia doesn’t always affect your work product directly. Just like my disordering of my lived life experience doesn’t affect my work directly and doesn’t affect most professional’s with whichever disorder directly.

          What it does is creates disordering of your own lived life experience and a disordering of the lived life experience of those around you. See for instance the email chain as beyond ample evidence of the disordering effects suffered both by herself and by her colleagues dealing with the “missing files/comp/phone”. She is obviously quite distressed. And her staffer having emotional episodes and about having to quit/be fired because of all the drama and all, as well as judge Moore (and no doubt others) becoming beyond exasperated because they don’t recognize the schizophrenia and think that it’s just Newman actually asking for the files or perhaps her having “gone crazy” and nobody wanting to tell her that. That disordering of their life experiences then might, or might not, affect the work product. It can definitely delay it etc. Jobs like examination/judging it likely wouldn’t be affected all that much directly, especially when the people doing the jobs are already experienced, though it’s good to keep an eye on it. But we do see evidence that it is delaying her work.

          “That is what I know about Judge Newman’s mental fitness. The rest is all hearsay.”

          Bro them emails aren’t hearsay. That’s persecutory delusion, and a whole lot of disorder (hurt feelings/large bad feelings etc.) I’ve seen it irl in a couple of people with schizophrenia. In her case, it’s the “they’re spying on me” and/or “conspiring against me” and/or “taking my stuff” sub-type. She thinks her staffer is/was spying on her, and potentially other people are conspiring/plotting against her as well.

          The drama and emotional toil this sort of thing puts her co-workers through is large and is a real thing that must be considered.

          “You know what would be a great way to sort this out? Put all of the facts in front of a genuinely neutral arbiter, and let that arbiter decide. Why not do so, and let the chips fall where they may?”

          I couldn’t say. Probably because mostly there is a huge lack of understanding surrounding disorders, set aside acceptance of, and accommodation of. Further, in Newman’s generation especially (as well as MM’s), these kinds of disorderings are still super seen as “crazytown” (stigma) rather than what they actually are.

          If anyone is reading this that works at the court, I strongly suggest that you at least pass this potential up the chain and strongly urge you to suggest to the chief judge that this is all it is, and for her to not be overly concerned about the the “missing files” any longer.

          In either event, if she returns to service, she will need a wide array of support and reasonable accommodations being made, with others around her knowing there will be the occasional thing she does that will seem crazy to them/make them have large emotions.

          1. 7.3.1.1.1

            Bro them emails aren’t hearsay.

            The “appendices” to this report do not purport to be all the evidence in the record. They constitute the evidence that those who wrote the report decided to include. I have no independent means of verifying the authenticity of those e-mails, nor do I know that there are not other e-mails that would alter our interpretation of the e-mails that we have been permitted to see.

            In case it is not clear, I really do not trust the process that has been carried forward so far. Let her colleagues stand as accusers only, not as both accusers and arbiters. Let her put her evidence in the record before a neutral arbiter, and her accusers put their evidence in the record before a neutral arbiter, and let the just result prevail accordingly. Anything less, I just do not trust.

        2. 7.3.1.2

          I understand and share (a fraction of) your discomfort with the process here, but your one sided contortions here are an embarrassment.

          This is an email chain provided by the chief judge of the CAFC. It should be considered presumptively authentic. And yes it could be incomplete, but that argument could be used to disqualify any set of evidence.

          If you were actually concerned about the evidence being unimpeachable, you wouldn’t assume that Newman’s work product is her own. The alternative is a somewhat absurd theory (made marginally less absurd by her clerk taking the 5th in response to “can you tell us about [your] roll and your responsibilities?”), but if you’re going to act like this email chain might be fake then the fact that an opinion is posted in Newman’s name shouldn’t be evidence that she wrote it.

          Why not say “this isn’t enough evidence” or “I need to hear Newman’s response” or even “no amount of evidence will make this unjust proceeding legitimate”? Demanding magical “I can trust absolutely without relying on anyone else’s say-so” evidence is beneath you and your objections to this process.

          1. 7.3.1.2.1

            but your one sided contortions here are an embarrassment.

            As Ben engages in his own one-sided contortions….

  10. 6

    Lion, mature male, African or Asiatic. Black rhino. Dromedary. I hope you all got these, otherwise there could be serious doubts about your ability to practice patent law.

    1. 5.1

      Of course I’m not clicking on that link but … the idea of anyone worrying about “left wing (?!) authoritarianism” in 2023 is pretty fn hilarious.

      I’m counting the days now until some patent maximalist nertcase argues that the invalidation of his patent is a violation of his First Amendment rights.

      1. 5.1.1

        Of course not.

        You’ve gone this long without seeking a true education, insisting instead on clinging to your trite, tired and oh-so-limited short script of Spring Left rhetoric and feelings.

        It is there if you ever want to grow up though.

      2. 5.1.2

        Wait, mandating vaccines is no authoritarianism?

        Censoring opposing views neither?

        Arresting your political opponent neither?

        What is authoritariansim to you?

          1. 5.1.2.1.1

            Answer the question. Your ad hominem is an attempt to avoid answering the question.

            Do you not know these things happened, or do not think they are not authoritarian?

            And, for the hundredth time, I do not watch Fox. I stopped when they called AZ for Grandpa at 9 pm. He only won by around 12,000 votes. That call could not have been made by 9 pm.

            Grandpa mandated vaccines. Grandpa’s admin coordinated with social media to censor topics. And, Grandpa’s DOJ has indicted Trump.

            1. 5.1.2.1.1.1

              PM,

              Malcolm does not “DO” answers.

              Believe me – counterpoints and questions thereupon have been put to him for well over a decade without him engaging on the merits.

          2. 5.1.2.1.2

            Looks like Gramps overdosed on Faux News again.

            You might like to think that the causation runs “FOX news misinformation —> misinformed citizens.” Regrettably, however, I think that we must accept that the line of causation actually runs the other direction. That is to say, a certain class of people start out with a hunger for a certain variety of misinformation, and make it a point to curate their news intake so as to receive information only from sources that will supply such misinformation.

            Notice, for example, how PM replies that she “do[es] not watch Fox,” and that she “stopped when they called AZ for [Biden] at 9 pm.” She has not been misled by FOX. Rather, she arrived at the scene knowing what claims she wanted to hear made, and switched channels when FOX refused to supply the desideratum.

            1. 5.1.2.1.2.1

              Regrettably, however, I think that we must accept that the line of causation actually runs the other direction. That is to say, a certain class of people start out with a hunger for a certain variety of misinformation, and make it a point to curate their news intake so as to receive information only from sources that will supply such misinformation.

              WOW

              Greg takes a page/chapter of Malcolm’s
              Accuse Others Of That Which Malcolm Does

              given Greg’s rampant Main Stream Media and OMB-TDS ‘hidden signaling.’

            2. 5.1.2.1.2.2

              Note as well that it is Greg employing malinformation with a clearly faulty attribution to PM (who explained that it was the timing that caused lack of credibility rather than a lack of desired results).

              1. 5.1.2.1.2.2.1

                +1

                Greg knows my thoughts, just like Jack Smith knows that Trump believed he lost when he said he didn’t lose.

            3. 5.1.2.1.2.3

              Are you serious?

              The point went right over your head. I did not want them to call anyone at 9 pm. The closeness of the vote just proved my point.

              I am tired of your ad hominem insults based upon your presumptions.

              1. 5.1.2.1.2.3.1

                The funny thing is that Greg “blocked me” 😉 because he did not like my Sharp words** (which, by the way, were always on point).

                He has no difficulty being a hypocrite (as is typical of many of the Sprint Left folk).

                ** with attribution to John Maynard Keynes, “Words ought to be a little wild, for they are the a$$aults of thought on the unthinking.”

      3. 5.1.3

        “the idea of anyone worrying about “left wing (?!) authoritarianism” in 2023 is pretty fn hilarious.”

        Meanwhile, I hear tell that antifa that robbed some right wing journo (rare tho they are) just got off charges thanks to an antifa judge just letting them off. Or something along those lines, hard to tell what all is happening in the “group that isn’t a grouplol” land.

        1. 5.1.3.1

          The finny thing is that just as Sprint Left Malcolm has been the Left version of Trump on these pages (as noted by many), Biden has been far more authoritarian than Trump ever was.

      4. 5.1.4

        There are no “first amendment rights”, the language grants no right to anyone.

        Instead, the first amendment contained in the Bill of Rights is phrased as a mere prohibition on the nat’l government. Once you get that, then you can proceed to seventh grade 🙂

  11. 4

    Nothing is happening without Chief Justice Roberts’ approval.

    The statutory duties of the Chief Justice make him “responsible for the administrative leadership of the entire federal judicial system. He is Chairman of the Judicial Conference of the United States, a “board of trustees” for the federal courts. He chairs the Federal Judicial Center, with its programs of research and education, and oversees the Administrative Office of the United States Courts, “housekeeper” and statistician for the federal court system.”

    It’s funny how the Chief Justice won’t hold his fellow Justices to an ethics code or their own competency, but questioning the competency and undermining the reputation of Judge Newman is okay.

    1. 4.2

      “ Nothing is happening without Chief Justice Roberts’ approval”

      Why on earth would he not approve of the sanction here? Did you read the Report?

      Give it up already. Judges don’t last forever.

      1. 4.2.1

        Why on earth would he not approve of the sanction here?

        Because Chief Judge Moore is rather publicly one of Judge Newman’s accusers. Chief Judge Moore, however, also sits on the panel that recommends this sanction. It is axiomatic to “due process” that the accuser cannot be the judge of a proceeding, nor can the judge be an accuser. This is “due process for kindergartners” stuff, and really does not merit much more of an explanation.

          1. 4.2.1.1.1

            Rightly so. It’s a bit of a sad joke that a blog about technology in 2023 doesn’t offer an edit feature.

          2. 4.2.1.1.2

            The report — from the very perps — just does not carry the weight you appear to want it to have.

        1. 4.2.1.2

          So it’s a “due process” violation if your boss catches you stealing a computer from the office and fires you?

        2. 4.2.1.3

          In this case, the chief judge has “identified” a complaint, and you appear to be saying that she per se should not be part of the complaint’s adjudication because she identified the complaint.

          The “Rules for Judicial-Conduct and Judicial-Disability Proceedings” expressly states: “A chief judge who has identified a complaint under Rule 5 is not automatically disqualified from considering the complaint.”

          When your position implies that the authors of rules promulgated by the Judicial Conference of the United States need to re-read “due process for kindergartners”, I think it absolutely merits further explanation.

          1. 4.2.1.3.1

            My apologies for my lack of clarity, and thanks for bringing this to my attention. I am not referring to Chief Judge Moore’s formal role under the statute as the named party in the committee inquiry. I am referring to her informal role as one bringing accusations. For example, Moore is the one saying that Newman suffered a heart attack in 2021. This is not Moore passing along an allegation made by others as part of the formal complaint that begins the investigation process—this is Moore’s own allegation. Therefore, Moore ought not to be both the person advancing this allegation and the fact-finder determining its truth.

            Also, the report’s slipshod argument that the rules allow for the committee to retain jurisdiction over the matter rather elides over the relevant details. First, these inquiries are usually transferred to another circuit. Retaining the matter in the accusing circuit is the exception, not the norm. Now, maybe there could be circumstances that would merit departing from that norm, but this case presents exactly the opposite.

            Here, the whole CAFC is aligned against Newman. This is not a case where some of her colleagues support her and some accuse her. In that circumstance, one could appoint a mixed panel, which would create a presumption of neutrality. Where—as here—however, the whole court is against her, that strongly militates in favor of following the norm and sending the case to another circuit.

            1. 4.2.1.3.1.1

              Here, the whole CAFC is aligned against Newman. This is not a case where some of her colleagues support her and some accuse her.

              And tell everyone why that is the case.

              1. 4.2.1.3.1.1.1

                This is a really good point in response. The hypothesis that the Chief wants to clear out a spot for Pres. Biden to appoint a new judge runs up against the fact that Moore is a Republican (why should she want to give Biden a vacancy to fill?). The idea that a 96-year old should not be up to the full-time schedule is altogether intuitively plausible. The unanimity of her colleagues should give Newman’s partisans (among which—in case it was not already clear—I count myself) pause.

                Precisely for those reasons, however, it is hard to see why the committee is so stubbornly refusing the very reasonable request to transfer the matter to another circuit—which is the normal course of action. Transfer the matter and let the chips fall where they may.

                1. What’s “not normal” here is Newman’s behavior and the even more bizarre behavior of her “partisans”who seem to have lost their collective minds along with Judge Newman.

                  Does anyone believe that the medical tests required of Judge Newman are unfair or biased? Are there any other judges on the CAFC who would be unwilling to take the same test?

                  Of course not. Transferring to another circuit isn’t “normal”. It’s absurd under these circumstances. It’s just capitulating to the narcissistic paranoiac whose erratic harassing incompetence IS THE PROBLEM.

            2. 4.2.1.3.1.2

              “For example, Moore is the one saying that Newman suffered a heart attack in 2021. This is not Moore passing along an allegation made by others as part of the formal complaint that begins the investigation process—this is Moore’s own allegation.”

              What are you basing this on? I listened to the podcast, and this appeared to be the relevant bit:

              Host: “Moore’s complaint alleges that Newman started declining after suffering a heart attack in 2021 but Newman says this never happened.”
              Newman: “Judge Moore apparently told everyone that I had a heart attack and that I was hospitalized and that I had two stents and that I fainted in the courthouse and all of that was absolutely false.”

              But note that Newman’s complaint against Moore states: “the March 24 Order alleges that ‘[i]n the summer of 2021, Judge Newman, at the age of 94, was hospitalized after suffering a heart attack and having to undergo coronary stent surgery.'” That order was written by Moore. That order further states “on [redacted], 2022, Judge Newman fainted following an argument”.

              So Newman’s characterization of what Moore “apparently told everyone” lines up exceedingly well with what Moore’s March 24 order identifying a complaint. It seems to me that Newman is just attributing to Moore what Moore passed along as the identifier, and I do not see any evidence for concluding these were Moore’s own allegations.

              I would also note that if Moore is the source of these allegations, it would apparently require one of these Judges to be a liar. Either Moore lied in her order, or Newman lied denying it in the interview. However if Moore is not the source and was given bad information, neither need be lying.

              On another note, during the podcast Newman states: “If I haven’t had a heart attack, how can my medical records show what didn’t happen?” This strikes me as profoundly disingenuous. A cardiac MRI could reasonably resolve whether Newman’s heart has suffered a heart attack, and she is too smart not to know this. On the other hand, Newman is absolutely correct that one heart attack does not make a disability. Both side smell bad.

              1. 4.2.1.3.1.2.1

                Exhibit 8, the statement of Newman’s neurologist, notes that she has a pacemaker. On the one hand, that does really eliminate the possibility of doing a Cardiac MRI to resolve the question. On the other hand, it makes me wonder if the “absolutely false” allegation regarding a heart attack and hospitalization for stents may have been based on related cardiac issue and a related cardiac surgery.

                1. The idea that Moore is “making stuff up” about a heart problem and fainting are just more examples of the problems that Newman is creating for herself. Nobody really cares if Judge Newman had a heart attack or if she fainted. These are just attempts to identify a period in time when things started to go off the rails, health-wise. The far bigger issue is the toxic atmosphere Newman has created by essentially becoming a 96 year old embodiment of the whining persecuted paranoid reality-denying n u t c a s e s who constitute her deranged “fan club.”

                2. Is there a Green Politically Correct way of saying, “gaslighting?”

                  Because that is what you are attempting to do, Malcolm.

                3. Did TP just say it is okay to lie about someone’s medical condition, because it identifies when problems began? If they lie about one thing, how do you know they are telling the truth about anything? Any means to an end.

                4. Any means to an end.

                  Regrettably, MM is rather famously committed to a means-justify-the-end worldview. Sometimes this serves him well (sometimes the means really do justify the end), and sometimes not. This is one of those not-so-much instances.

                5. ” persecuted paranoid reality-denying n u t c a s e s who constitute her deranged “fan club.””

                  That’s a rather unkind way to refer to the disabled bro. And to be fair, if she does have schizophenia or otherwise, that doesn’t seem to have stopped her from issuing decent opinions, though somewhat slower perhaps. The disordering of her lived life experience and the disordering of the lived life experience of those around her (the personality “disorder”/mental “disorder” that is schizophernia) is troubling however, and the court should be able to deal with it accordingly however they please.

                6. Sometimes this serves him well

                  Especially in law, the Ends NEVER justify the Means.

                  No doubt, the instances in which Greg think this may “serve well” are those shared Sprint Left ideologies.

                7. (sometimes the means really do justify the end)

                  Oh bother. Maybe I am the one with dementia. Obviously, that should be “sometimes the ends really do justify the means.” In the immortal words of Alberto Bertorelli, “whatta mistakea to make!”

          2. 4.2.1.3.2

            >not automatically disqualified

            It also doesn’t say they should and/or that not doing so would be consistent with due process vs. being a safety valve for when no other forum is available.

            IMHO, if they had a good case on the facts, they’d transfer the decision to another circuit to avoid the appearance of impropriety.

  12. 2

    Sounds like the Federal Circuit Special Committee has the power to impeach and remove a judge? Or is this suspension somehow different because it is called a suspension?

      1. 2.1.1

        The “actual accusation” could not be reached — because it was a sham.

        But the (same) ones that are typically anti-patent really do not care about that, and instead (yet again) exemplify an Ends-Justify-the-Means mindset in their posts.

    1. 2.2

      To me it sounds like hockey where “the enforcer” is often sent to the penalty box for a proscribed time rather than suspended from the game.

    1. 1.1

      Yeah, a criticism of the CAFC is the results oriented nature (and then the legal back fill), they are not covering themselves in glory here with the star chamber like reasoning.

    2. 1.2

      For once, I concur with you Anon. The problem is that Newman is the only judge qualified to hear patent cases, i.e. PhD chemist and patent attorney, and most of the CAFC are a bunch of liberal arts majors with law degrees who don’t understand technology. Furthermore, the CAFC is the court where judicial nominees go when they can’t pass Senate confirmation muster, i.e. they are the rejects. I hope the CAFC blows itself up with its incompetence and we get a court solely dedicated to IP with qualified patent attorney judges like Pres. Carter and Pres. Reagan intended. The CAFC was a legislative compromise that didn’t work just like a camel was a horse designed by a committee. How I Learned to Stop Worrying and Love the Bomb. Yahoo!!! link to youtu.be

      1. 1.2.1

        “Newman is the only judge qualified to hear patent cases”

        LOL

        The smell of flop sweat is rising again.

        1. 1.2.1.1

          A lot of the judges on the CAFC weren’t qualified because they lacked at technical undergrad degree in their curriculum vita like engineering, biology, chemistry, etc. If you don’t qualify to be a patent examiner then you shouldn’t be on the CAFC. My point is there would be a lot less drama on the CAFC if the bench was filled with quiet professionals who were better qualified.

        2. 1.2.1.2

          6 0ut of 12 of the active judges have no technological background. Four of those six have minimal to no prosecution experience. Only Newman and Lourie do. That is abysmal.

          1. 1.2.1.2.1

            I am broadly sympathetic to the position that CAFC judges should have a STEM degree of some sort. It is worth remembering, however, that Judge Giles Rich had no formal STEM education to speak of. He had a BS in economics and an LL.B., and yet he was one of the most science-literate judges ever to serve (see, e.g., In re Ruschig, 343 F.2d 965 (C.C.P.A. 1965)).

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