An ally of Donald Trump slapped a federal judge in Massachusetts with a misconduct complaint for his op-ed last week badmouthing Supreme Court Justice Samuel Alito.
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Mike Davis, the founder of the Article III Project, a group that advocates for the nomination of conservative judges, decried the op-ed as “a curiously timed and unprecedented political screed” against a Supreme Court justice.
“Facts, logic, ethics, and good judgment did not dissuade Judge Ponsor a week later when he decided to moonlight as a New York Times guest columnist on Mrs. Alito’s flag-flying past. Judge Ponsor’s essay goes well beyond the bounds of appropriate judicial speech,” Davis wrote in a complaint shared exclusively with The Post.
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Davis filed the judicial misconduct complaint with the Judicial Council of the First Circuit, which is where appeals from Ponsor’s court are typically brought.
He requested the panel “take all appropriate steps to remedy this unfortunate situation caused by Judge Ponsor’s profoundly poor judgment.”
Davis cited provisions in the Code of Conduct for United States Judges stipulating that judges should promote the impartiality of the judiciary and should “not make public comment on the merits of a matter, pending or impending in any court.”
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Taking note of Ponsor’s insistence that he was not opining on the legal or ethical issues related to Alito, Davis accused the US district judge of engaging in political speech.
“As Judge Ponsor made no argument grounded in the law, the undisputed facts, or his ethical duties, it is reasonable for one to conclude that he was making a political argument,” he wrote in his complaint.
“There is zero evidence Mrs. Alito flew these flags related in any way to January 6,” he stressed. “Judge Ponsor’s essay goes well beyond the bounds of appropriate judicial speech.”
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Davis said Ponsor’s essay in the New York Times provides “political ammunition” for critics of Alito in the Senate and that detractors will cite his op-ed to back calls for the justice to recuse himself, despite the piece being “devoid of any legal analysis, as support.”
“Justice Alito made no partisan comments; the supposed controversy pertains to symbolic speech that could have many interpretations,” Davis added.
“Judge Ponsor was quick to write an essay to bash Justice Alito; yet, my research found no similar writing concerning Justice Ginsburg’s partisan behavior.”
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Read the full article HERE.
