PFAW Asks Frisk to Cancel Tour

Frist Asked to Cancel Capitol Tour with Judicial Intimidation Activist BUZZFLASH NEWS ALERT A Release from PFAW: In view of the continuing drumbeat of threats and disturbing comments about federal judges (including Congressman DeLay’s declaration in news reports today that the judiciary has “run amok”), and the recent tragic violence against judges and their families, People For the American Way has asked Senate Majority Leader Bill Frist (R-TN) to withdraw his sponsorship of a Capitol tour for Senators and their spouses led by a right-wing advocate for judicial intimidation and impeachment. The text of the letter is below. * * * April 8, 2005 Senator William H. Frist Office of the Majority Leader The Capitol Washington, DC 20510 Dear Senator Frist: I write to respectfully request that you withdraw your sponsorship of a capital tour, reportedly scheduled for Monday, April 12, to be led by judicial intimidation activist David Barton. Given the furor that has erupted over recent statements by Republican members of the House and Senate attacking federal judges, hosting an avowed radical-right critic of independent courts, under the auspices of the office of the Senate Majority Leader, is a profound mistake that belies your statement on Tuesday that you “believe we have a fair and independent judiciary today…I respect that.'' For over a decade, Mr. Barton has been a prominent advocate of Congress aggressively using its impeachment power to remove, intimidate, and threaten federal judges who uphold the rights of Americans to be free of government-sponsored religious coercion and who support the rights to privacy and equal protection. Most infamous, perhaps, is Mr. Barton’s 1996 book Impeachment!: Restraining an Over Active Judiciary, a 50 page handbook on how and why the right should push for impeachment of judges whose decisions they disagree with on abortion, school desegregation, homosexuality, and other subjects. Clearly stated is Barton’s agenda to intimidate federal judges, noting that even if impeachment does not succeed, the threat “serves as a deterrent” and would cause judges to “become more restrained.” Your sponsorship of an individual who advocates using “the threat of impeachment [against judges to] produce results,” contradicts your recent attempts to distance yourself from radical statements made by other prominent Republicans attacking the judiciary. For example, House Majority Leader Tom Delay’s not so veiled threat against judges who handled the cases brought by the parents of Terri Schiavo: "The time will come for the men responsible for this to answer for their behavior[.]" Giving Mr. Barton a prominent platform, and your tacit endorsement, for his views is especially disturbing given the recent spate of violence directed at federal judges. All the more so since at least one member of the Senate, Senator Cornyn, recently mused on the Senate floor that the sort of “bad” decisions criticized by Barton and others could actually be the cause of such violence: “I wonder whether there may be some connection between the perception in some quarters on some occasions where judges are making political decisions yet are unaccountable to the public, that it builds and builds to the point where some people engage in violence[.]” Congressional Record April 4, 2005, S3126. The President and the Senate Republican leadership have already provoked proper resistance from Senate Democrats over their failure to engage in the traditional compromise and consultation over judicial nominations that has historically resulted in the high quality, independence, and fairness of the federal bench. As further evidence of an increasingly overt campaign to undermine the independence of the judicial branch, sponsoring Mr. Barton’s tour can only further inflame the current standoff. Given the recent statements of Senator Cornyn and Congressman Delay it seemed somewhat odd when you complained this week that “[t]here’s been a real fire lighted by Democrats around judges over the last few days and over the recess.” In fact, hosting Mr. Barton will only add further fuel to a fire of Republicans’ own making. The Senate and the courts would be better served by a return to bipartisan consultation on judicial nominations. I hope you will reach out to the President and urge him to restore a process that results in him sending well-qualified, consensus judicial candidates who can enjoy significant bipartisan support to the Senate. For over 200 years that has been the path to a fair and independent judiciary. The Senate and the President should return to that course. Sincerely, (signed) Ralph G. Neas President People For the American Way