Liu nomination “in jeopardy” after “dozens” of omissions from questionnaire

posted at 2:23 pm on April 6, 2010 by Ed Morrissey

Conservatives had already begun working to oppose the nomination of Berkeley Law professor Goodwin Liu to the Ninth Circuit Court of Appeals, but Liu may have handed them some serious ammunition.  Liu was forced to apologize today after the Republicans on the Senate Judiciary Committee publicly scolded the nominee for dozens of major omissions from his required questionnaire, including work with groups like La Raza.  Senator Jeff Sessions said that these omissions were “serious” and put his confirmation in jeopardy:

In a letter to the chairman of the Senate Judiciary Committee, Associate Dean and Professor of Law at the University of California, Berkeley School of Law Goodwin Liu, a nominee to the U.S. Court of Appeals for the Ninth Circuit, apologized for dozens of omissions from his Senate questionnaire.

The “original submission of my Senate Questionnaire on February 24 inadvertently omitted a number of items,” Liu wrote to Sens. Pat Leahy, D-Vermont. “I would like to offer a sincere and personal apology to you, to the Ranking Member” – Sen. Jeff Sessions, R-Ala. – “and to the entire Committee for the omissions in my original submission.” …

The explanation was not received warmly by Sessions and the other Republicans on the panel, including Sens. Orrin Hatch of Utah, Lindsey Graham of South Carolina, John Cornyn of Texas, Jon Kyl of Arizona, and Tom Coburn of Oklahoma.

“At best, this nominee’s extraordinary disregard for the Committee’s constitutional role demonstrates incompetence,” Sessions said in a letter to Leahy, adding that “at worst, it creates the impression that he knowingly attempted to hide his most controversial work from the Committee. Professor Liu’s unwillingness to take seriously his obligation to complete these basic forms is potentially disqualifying and has placed his nomination in jeopardy.”

Some of the omissions include Liu’s commencement speech to UC Berkeley Law, his participation in a presentation entitled “The Fate of Affirmative Action from the O’Connor Court to the Roberts Court,” and his participation in a panel entitled “The Legacy of Brown v. Board of Education” at the American Constitution Society’s (ACS) 2004 national convention.

“These are not minor omissions,” Sessions wrote. “A cursory glance at the titles of the events that Professor Liu has omitted from his Questionnaire shows that his participation in and comments during each are crucial to this Committee’s review of his nomination.”

Liu tried passing off many of the omissions as “informal” activities that he considered part of his job as a professor of law.  However, the Republicans pointed out what appeared to be rather significant events that Liu failed to mention the first time around.  The arrival of the supplemental packet has them demanding a postponement of Liu’s April 16th confirmation hearing to give them time to review the newly-presented material — and to find out what else Liu may have omitted.

Nor is Liu’s the only nomination in potential jeopardy.  The nominee to the Second Circuit, Judge Robert Chatigny, has also been less than forthcoming, according to the same letter.  The committee requested on March 8th the unpublished opinions of Chatigny and a list of criminal cases where Chatigny departed from sentencing guidelines and an explanation of those decisions.  Not only has Chatigny and the Department of Justice failed to provide the material, they haven’t even acknowledged the request almost a month later.

The letter suggests that incompetence is a potential conclusion by committee members for these omissions, and at worst a display of dishonesty and disregard for the role of the committee in the confirmation process.  “Professor Liu’s unwillingness to take seriously his obligation to complete these basic forms is potentially disqualifying and has placed his nomination in jeopardy,” the letter warns.  Well, perhaps.  Democrats certainly have the votes to confirm Liu, but heading into the midterms, they may not want to rush to approve an appointment to the most-overturned circuit of someone who can’t or won’t complete a basic questionnaire for the job.


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He just wanted to see what he could get away with, I’m sure.

Del Dolemonte on April 6, 2010 at 2:26 PM

“Professor Liu’s unwillingness to take seriously his obligation to complete these basic forms is potentially disqualifying and has placed his nomination in jeopardy.”

So, the guy is incompetent and a liar. That just means that Democrats will support him all the more vigorously.

UltimateBob on April 6, 2010 at 2:27 PM

Democrats certainly have the votes to confirm Liu…

…but not to overcome a filibuster, at least in theory. If you don’t block a judge this openly and brazenly radical, what kind of judge would you block?

jwolf on April 6, 2010 at 2:27 PM

As a lefty Democrat, he could have multiple felony murder convictions and still be appointed. This is trivial stuff, by Dem standards. He’ll be appointed.

AUINSC on April 6, 2010 at 2:28 PM

Lindsey Graham is still a Republican?

Strike Twice on April 6, 2010 at 2:29 PM

Great. Next he won’t release his birth certificate.

portlandon on April 6, 2010 at 2:30 PM

Thankfully, we can all criticize Liu freely. He’s Asian.

Cicero43 on April 6, 2010 at 2:30 PM

A shame no one vetted Obama this thoroughly or seriously.

He likes to apologize.

profitsbeard on April 6, 2010 at 2:31 PM

Liu was forced to apologize today after the Republicans on the Senate Judiciary Committee publicly scolded the nominee for dozens of major omissions from his required questionnaire, including work with groups like La Raza.

I’m effing vindicated. I “ommitted” dozens of blocks on my census, except the one(s) that are required in the constitution. If a census worker shows up at my door asking for the info, I’ll follow the Liu example and say, “sorry!” and shut the door.

Precedents.

ted c on April 6, 2010 at 2:31 PM

Executive Order or Friday night recess appointment in 5..4..3

Knucklehead on April 6, 2010 at 2:31 PM

What’s a true flaming lib to do – tell the truth and have to answer for thier lunacy or omit the most egregious stuff and hope they don’t get caught?

katiejane on April 6, 2010 at 2:32 PM

Don’t let the Democrats have it. When they scream OBSTRUCTIONISM!@$!!!!11!!, answer thusly:

Two words: Miguel Estrada.

Three more: Janice Rogers Brown.

Make them play by their own rules for judicial nominees - that is, stall, obstruct, impugn, battle and fight them relentlessly. Embarrass the Democrats. Maybe even make their widows cry. Go back to elementary school and pull out their report cards and college writings for all to see.

Ted Kennedy and Co. would have had it no other way.

Good Lt on April 6, 2010 at 2:32 PM

Did he go to Columbia with Obama?

JammieWearingFool on April 6, 2010 at 2:32 PM

…they may not want to rush to approve an appointment to the most-overturned circuit of someone who can’t or won’t complete a basic questionnaire for the job.

Oh yes they may. They don’t give one iota of crap about anything other than their long-term transformational agenda. It’s the ends that matter, after all.

hisfrogness on April 6, 2010 at 2:33 PM

They’ll probably cave in the end and confirm Liu but I am open to the Republicans proving otherwise.

Monica on April 6, 2010 at 2:33 PM

He attended the Eric Holder school of questionnaire completion.

Joe Caps on April 6, 2010 at 2:34 PM

Sorry, but I don’t believe this is incompetence for one second. These people know what they’re doing…and they know that a majority of the country doesn’t agree with this uber-liberal agenda getting shoved down our throat. So, they obfuscate and dodge and lie to keep their real intentions hidden. How is this surprising? Liberal philosophy is a loser in this country and everyone knows it.

search4truth on April 6, 2010 at 2:34 PM

No doubt McCain likes the cut of this guy’s jib. Oh wait, that was the old McCain, not the new, modern conservative McCain.

Cicero43 on April 6, 2010 at 2:35 PM

The arrogance of it is so stupid. If he included all of those events, anyone blocking him would have to explain that they were blocking him over political differences of opinion. Now they have a perfectly valid excuse to block him without any need of explaination other than, “The guy didn’t even fill out his application form right.”

DrAllecon on April 6, 2010 at 2:35 PM

The “original submission of my Senate Questionnaire on February 24 inadvertently omitted a number of items,” Liu wrote.

That’s a looloo, Liu.
In lieu of you redoing your booboo, let us bid you adieu, Liu.

VibrioCocci on April 6, 2010 at 2:35 PM

And by widows, I meant spouses LOL

Good Lt on April 6, 2010 at 2:35 PM

Hey what’s a few lies for a judge … Give him a break.

Like most commies, he can’t tell the truth.

tarpon on April 6, 2010 at 2:35 PM

Most transparent administration evah!!!

cthulhu on April 6, 2010 at 2:36 PM

Nice to see Republicans grab a set of cajones. Previously they’d bring this up after the confirmation had already been secured.

Sultry Beauty on April 6, 2010 at 2:36 PM

C’mon everyone at Berkley Law School gets a B! With or without answering all the questions.

Caper29 on April 6, 2010 at 2:37 PM

Watch out for the person they try to slide by while the focus is on Liu.

thomasaur on April 6, 2010 at 2:37 PM

Good thing that McCain is no longer a maverick, his little buddy Gramnesty will no doubt vote to confirm.

farright on April 6, 2010 at 2:38 PM

Why would Graham oppose a La Raza judge?

Mark1971 on April 6, 2010 at 2:39 PM

The letter suggests that incompetence is a potential conclusion by committee members for these omissions, and at worst a display of dishonesty and disregard for the role of the committee in the confirmation process.

Even Liu knows that the omissions show him to be a radical unworthy of the post. It was not direct incompetence, it was an attempt to sweep his “youthful indiscretions” under the rug.

That is why so many wild-eyed radicals have ended up in “Czar” slots, no confirmation vetting to get in the way.

iurockhead on April 6, 2010 at 2:41 PM

He should withdraw –

So Barry can put him on the short list for the SC.

/

Vashta.Nerada on April 6, 2010 at 2:41 PM

Federal hiring guidelines state flatly that if you fail to follow the prescribed application procedures of the job you are applying to, or provide false information, your application is not only invalid, but in effect you are considered to have never applied at all.

I know this guy isn’t technically being “hired”, but shouldn’t the standards we expect the average Joe to follow in applying for a job be the absolute minimum in this case? Or do we lower the bar for a Federal Judgeship?

drunyan8315 on April 6, 2010 at 2:42 PM

Just one more example to illustrate that these loony lefty ideologues know good and well that if mainstream Americans get a whiff of their true beliefs and intentions, they will be rejected with great sound and fury. It’s best to lie, cover up, and appear “centrist” until you’ve been confirmed.

Rational Thought on April 6, 2010 at 2:43 PM

Democrats certainly have the votes to confirm Liu

Not so fast there, Ed. Since the Democratic members are not interested in getting the old gang of 14 back together, we have the filibuster.

Kafir on April 6, 2010 at 2:43 PM

Democrats certainly have the votes to confirm Liu, but heading into the midterms, they may not want to rush to approve an appointment to the most-overturned circuit of someone who can’t or won’t complete a basic questionnaire for the job.

I honestly don’t think they care. They already must know that if their constituency isn’t D +8, they are going down.

Vashta.Nerada on April 6, 2010 at 2:43 PM

Let’s just say you go to apply for a job, and “forget” to fill out large portions of the application related to your work history and your experience. And your reason for wanting the job.

You getting the job?

Good Lt on April 6, 2010 at 2:43 PM

Hey Obama didn’t fill us in on ANY of his history and he’s in the white house now.

Wine_N_Dine on April 6, 2010 at 2:45 PM

C’mon, people! Cut the guy some slack! I mean really, how was he to know that year as a media advisor to Hugo Chavez was relevant? Anybody could make that kind of mistake.

Doorgunner on April 6, 2010 at 2:47 PM

Meanwhile, Liu reports back to his superiors in China! ;)

capejasmine on April 6, 2010 at 2:47 PM

Hey Obama didn’t fill us in on ANY of his history and he’s in the white house now.

Wine_N_Dine on April 6, 2010 at 2:45 PM

RACIST!!!!

thomasaur on April 6, 2010 at 2:47 PM

I’d like to see just one Senator ask him: “What the hell made you think you could get away with this kind of deception? How arrogant do you have to be to think these things won’t come to light? Have you heard of ‘the internet,’ Mr. Liu?”

Rational Thought on April 6, 2010 at 2:48 PM

He’ll get a free pass through the Committee. Leahy is a Democrat first…an American somewhere further down the line.

GoldenEagle4444 on April 6, 2010 at 2:48 PM

I’d like to see just one Senator ask him: “What the hell made you think you could get away with this kind of deception? How arrogant do you have to be to think these things won’t come to light? Have you heard of ‘the internet,’ Mr. Liu?”

Rational Thought on April 6, 2010 at 2:48 PM

You’re gonna have to write that novel yourself ’cause it ain’t happening in real life.

thomasaur on April 6, 2010 at 2:51 PM

But he has a “D” after his name. That’s all the qualifications he needs.

Fred 2 on April 6, 2010 at 2:54 PM

Since the Democratic members are not interested in getting the old gang of 14 back together, we have the filibuster.

Since the judicial filibuster was unconstitutional when the Democrats did it (as the Rs correctly argued), we should not ourselves act in an unconstitutional matter. Expose Liu for he radical he is, make it clear to the nation that he prevaricated in his hearings, but then give him an up or down vote. We might even get enough red-state D senators to sink him.

irishspy on April 6, 2010 at 2:56 PM

I’m a little puzzled about Liu’s motivation for failing to submit everything. What information could he possibly provide that would keep the Dems from voting him out of committee? (Unless he was giving presentations to the Federalist Society, of course).

From the limited descriptions of what was omitted, I don’t see anything that would concern any of the Dems. In fact, they must like him more now.

SlaveDog on April 6, 2010 at 2:56 PM

Gangster government. The cheat on their taxes. They even lie under the pains and penalties of perjury. They strike corrupt bargains with their allies in the media. Then they act like they are paragons of virtue.

TheBigOldDog on April 6, 2010 at 2:58 PM

guy looks like he’s on a mission to get even with “whitey”

windansea on April 6, 2010 at 3:00 PM

You’re gonna have to write that novel yourself ’cause it ain’t happening in real life.

thomasaur on April 6, 2010

Well, it might. Remember, the Republicans on the committee may want to look like conservatives temporarily. Look at how conservative McCain is pretending to be these days.

SKYFOX on April 6, 2010 at 3:01 PM

If you can’t even fill out an application…???

PatriotRider on April 6, 2010 at 3:02 PM

Manipulation – he can now prostrate himself before the Republicans, begging their forgiveness. Making the focus on his behavior – not the issues.
He’s playing to their vanity, betting they never press the issues now but instead act like offended children.

batterup on April 6, 2010 at 3:06 PM

Democrats certainly have the votes to confirm Liu, but heading into the midterms, they may not want to rush to approve an appointment to the most-overturned circuit of someone who can’t or won’t complete a basic questionnaire for the job.

Please. They’re Democrats. Being dishonest and/or incompetent is a resume’ enhancer, not a disqualifier.

This guy’s a shoo-in for the loony 9th Circuit. He’ll fit in well with the rest of those nutcases in SF.

AZCoyote on April 6, 2010 at 3:06 PM

Look at how conservative McCain is pretending to be these days.

SKYFOX on April 6, 2010 at 3:01 PM

Confrontational Conservatives? That’s rich

thomasaur on April 6, 2010 at 3:07 PM

Let’s just say you go to apply for a job, and “forget” to fill out large portions of the application related to your work history and your experience. And your reason for wanting the job.

You getting the job?

Good Lt on April 6, 2010 at 2:43 PM

Now that should be the legal question to ask Liu.
“If an appeal hit your desk where an applicant was summarily terminated for lies or significant omissions discovered on their application, would you reinstate the employee?”

barnone on April 6, 2010 at 3:10 PM

All these ommisions were by design, so Liu could be shoved into the SCOTUS. He is qualified for that, he is young and has anyone looked at his eyes ?
;-)

macncheez on April 6, 2010 at 3:10 PM

screw the rest of you, the hell with that questionnaire, I work for the left and socialism and I’ll do as I damn well please.

/liu

ted c on April 6, 2010 at 3:15 PM

Meanwhile, Liu reports back to his superiors in China! ;)

capejasmine on April 6, 2010 at 2:47 PM

Most likely.

daesleeper on April 6, 2010 at 3:17 PM

the Senate Judiciary Committee publicly scolded the nominee for dozens of major omissions from his required questionnaire, including work with groups like La Raza. Senator Jeff Sessions said that these omissions were “serious” and put his confirmation in jeopardy

He is clearly a serial liar by omission and not fit to hold any government job, even a GS-1. He, like so many Obama nominees/appointees, is a lying piece of garbage and I don’t see any point in pussyfooting around about it.

MB4 on April 6, 2010 at 3:20 PM

the Senate Judiciary Committee publicly scolded the nominee for dozens of major omissions from his required questionnaire, including work with groups like La Raza. Senator Jeff Sessions said that these omissions were “serious” and put his confirmation in jeopardy

He is clearly a serial liar by omission and not fit to hold any government job, even a GS-1. He, like so many Obama nominees/appointees, is a lying piece of garbage and I don’t see any point in pu$$yfooting around about it.

MB4 on April 6, 2010 at 3:22 PM

Meanwhile, Liu reports back to his superiors in China! ;)

capejasmine on April 6, 2010 at 2:47 PM

Most likely.

daesleeper on April 6, 2010

The Muslims run China now?

SKYFOX on April 6, 2010 at 3:22 PM

Preferred option- withdraw
Apologies for actions like this at this level should not even be considered.
If these 2 (Liu and Chatigny) won’t withdraw- vote them down.

journeyintothewhirlwind on April 6, 2010 at 3:23 PM

Folks, after (my)Senator Coburn’s remarks this past week about what a nice lady Nancy Pelosi is, and his previous remarks about Obama being his good friend, and his disparaging remarks about Fox News, I have come to realize that these folks in Washington do not realize what we are up against in this country and are totally naive about the Obama agenda, and as a result, we are in deeper doodoo than I thought.

I sent him a long scathing e-mail and let him know in no uncertain terms that if he doesn’t understand this, then he is part of the problem. He made me proud during the health care debate and other certain issues, but I now realize they are not as informed about the Obama agenda as we are, and are actually naive about their desire to take control of every aspect of our lives. So, the sooner we realize we are basically on our own out here, we can go accordingly. As the commies take over and dismantle our country, our guys are still playing with only half a deck of cards. God help us!

silvernana on April 6, 2010 at 3:25 PM

I know…he used Turbo Tax to do his application.

PattyJ on April 6, 2010 at 3:27 PM

Adding another ring to the Ninth Circus…

phreshone on April 6, 2010 at 3:28 PM

He should run for Pres. No sticky job applications.

seven on April 6, 2010 at 3:36 PM

Eric Holder did it and got away with it…

d1carter on April 6, 2010 at 3:38 PM

The Muslims run China now?

SKYFOX on April 6, 2010 at 3:22 PM

er?

daesleeper on April 6, 2010 at 3:48 PM

That’s OK tho, right, because he’s a liberal/progressive/Dem!!! They can get away with that crap.

reshas1 on April 6, 2010 at 3:50 PM

Lying sacks, all of them.

Repeal Dems.

BuckeyeSam on April 6, 2010 at 3:53 PM

we have the votes to stop this if our happy go along to get along RINO’s will give up TV time for country for once on a Judicial pick…

This is also a case of what goes around comes around. The dems with the help of our RINO’s stopped the move to keep judicial votes safe from filibuster. Now they could face one for one of their commies…

JIMV on April 6, 2010 at 3:56 PM

Is there not an honest Democrat anywhere to be found?

Big John on April 6, 2010 at 3:57 PM

Justice O’Connor was never the CHIEF JUSTICE of the Supreme Court, and thus, even the title of Liu’s Lecture was disingenuous or stupid, especially when he contrasts Justice O’Connor with the actual Chief Justice Robert’s Court. Why the elevation of Associate Justice O’Connor or the diminishing of Chief Justice Roberts? Why not call the current court the Kennedy Court?, if one has no regard to the actual Chief Justice, or if the author merely wants to highlight a potential swing voter?
I also don’t thing that Liu’s omission was inadvertant, any more than AG Holder’s omissions were inadvertant. They probably both felt that Leahy could steamroll through the nomination before anyone in the minority would be the wiser (and indeed before Sen. 41, Sen. Brown’s election that would have been the case). This is definitely a nominee to go to the barricades to oppose, because he is definitely being groomed for SCOTUS. Indeed, if the democraps could gleefully oppose the Estrada nomination for appellate judge position because of their fear of his being appointed by Bush as the first Hispanic SCOTUS judge (CJ Cardozo notwithstanding) republicans and conservatives would be well within their rights to shoot Liu’s nomination down too.
(To the few libtards reading this post, ‘shooting down a nomination’ is a literary term and does not involve wishing violence or gunplay against Mr. Liu).

eaglewingz08 on April 6, 2010 at 3:58 PM

Is there not an honest Democrat anywhere to be found?

Big John on April 6, 2010 at 3:57 PM

David Schippers.

Del Dolemonte on April 6, 2010 at 4:07 PM

Judge Chatigny is a pig. In 1987, Michael Ross was sentenced to death for the rape and murders of 8 young women.

In 1994, Ross waived discretionary appeals and demanded execution. Chatigny thwarted him in every way he could – legally and illegally. He even threatened Ross’s attorney with disbarment. For 11 years this b.s. went on.
http://www.clarkprosecutor.org/html/death/US/ross966.htm

Blake on April 6, 2010 at 4:09 PM

Ho0w do you expect Obooba to pack the federal courts with fascists if they have to answer lots of questions and all?

Akzed on April 6, 2010 at 4:34 PM

Incompetence, or worse?

I believe that’s this administration’s motto, isn’t it?

Blacklake on April 6, 2010 at 4:35 PM

Democrats certainly have the votes to confirm Liu

Not if all 41 Republicans filibuster.

Which they most certainly should do.

Hey Democrats, payback is a bitch, ain’t it?

Greg Q on April 6, 2010 at 4:35 PM

(To the few libtards reading this post, ’shooting down a nomination’ is a literary term and does not involve wishing violence or gunplay against Mr. Liu). eaglewingz08 on April 6, 2010 at 3:58 PM

Says you!

Akzed on April 6, 2010 at 4:35 PM

So he knew to lie about La Raza ? What else ?

borntoraisehogs on April 6, 2010 at 4:39 PM

silvernana on April 6, 2010 at 3:25 PM

Have you seen any men in trench coats and wearing dark sunglasses around your home yet?

GrannyDee on April 6, 2010 at 5:42 PM

Well Barry got by without revealing anything about his past and he’s the PRESIDENT. Liu figures the same should apply to him, because he’s only going to be appointed to the 9th Circus.

GarandFan on April 6, 2010 at 5:48 PM

It was George Bush’s fault….

DL13 on April 6, 2010 at 7:18 PM

Liu was so sure his nomination would be approved that he didn’t bother to finish the questions.

n0doz on April 6, 2010 at 7:48 PM

Yeah,this is the tool who’s ignorant of American history, the white slaves, the black people who owned slaves and the war to free ALL slaves. …just another one of baracks racist thug friends…vids r on utube.

http://www.youtube.com/watch?v=RgR2I3mvz74

christene on April 6, 2010 at 8:06 PM

Liu stated “No comprende!” when asked why he omitted so much of his history on his questionnaire.

chickasaw42 on April 6, 2010 at 8:07 PM

“At best, this nominee’s extraordinary disregard for the Committee’s constitutional role demonstrates incompetence,” Sessions said in a letter to Leahy….

Claiming that the Committee per se has a constitutional role seems to be another manifestation of incompetence.

Kralizec on April 6, 2010 at 8:49 PM