Judge Sotomayor Deliberately Lied

Wednesday, July 15th at 2:34PM EST

28 Comments

Every lawyer who has had any experience in litigation has had to prepare a client for a deposition, to be taken under oath. The thing about depositions is that the judge is not there to referee and keep the other side from getting into too much irrelevant and embarrassing stuff, so most lawyers take the opportunity to go hunting for any embarrassing or harmful material they can find about the witness while they are under oath.

As a lawyer, if you ever have to prepare a client who has some embarrassing stuff in their past (e.g. arrests, drug use), you always tell them, “Don’t worry about this stuff coming out at trial. It’s all irrelevant and we’ll get it excluded. The only way it becomes relevant is if you lie about it under oath. Then the other side can use it to show that you are the sort of person who would lie under oath, and therefore nothing you say can be trusted.”

I have always thought that Judge Sotomayor’s “wise Latina” comment, which she repeated on at least several occasions, was politically irrelevant. There was simply no way it was going to keep her off the bench, whatever it revealed about her biases and beliefs.

However, by now it has become obvious to almost everyone watching her confirmation hearings – including ardent Sotomayor supporter Maureen Dowd – that Judge Sotomayor is deliberately lying about her remarks under oath. And in so doing, Sotomayor has made the comments relevant.

I am mildly upset by the contents of the comment itself. I am appalled – as should be anyone who has ever had a law license – that a sitting Federal judge would deliberately lie about the comments under oath, especially since she didn’t even need to do so in order to be confirmed. The same question now presents itself concerning Judge Sotomayor as presents itself concerning every other witness who has lied under oath: why should any of their testimony be believed?

Consider, if you will, with Federal Civil Pattern Jury instructions. These are the instructions read to jurors before they decide a case. I can’t find the 2nd circuit online, but I’m sure it is very similar to the 11th Circuit’s pattern jury instructions. On the credibility of witnesses, the instructions to jurors is:

Now, in saying that you must consider all of the evidence, I do not mean that you must accept all of the evidence as true or accurate. You should decide whether you believe what each witness had to say, and how important that testimony was. In making that decision you may believe or disbelieve any witness, in whole or in part. Also, the number of witnesses testifying concerning any particular dispute is not controlling.

In deciding whether you believe or do not believe any witness I suggest that you ask yourself a few questions: Did the witness impress you as one who was telling the truth? Did the witness have any particular reason not to tell the truth? Did the witness have a personal interest in the outcome of the case? Did the witness seem to have a good memory? Did the witness have the opportunity and ability to observe accurately the things he or she testified about? Did the witness appear to understand the questions clearly and answer them directly? Did the witness’ testimony differ from other testimony or other evidence?

In Judge Sotomayor’s case, it is pretty clear she has no credibility in her responses to the members of the Senate on this issue.

UPDATE: Here is more, from New York’s Pattern Jury Instruction number 1:22:

If you find that any witness has wilfully testified falsely as to any material fact, that is as to an important matter, the law permits you to disregard completely the entire testimony of that witness upon the principle that one who testifies falsely about one material fact is likely to testify falsely about everything.

New York couches this instruction as a “Falsus in Uno” instruction, but other similar “witness willfully false” instructions are very common in courts, and Judge Sotomayor is doubtless familiar with their use.

28 Comments Leave a comment

This was deliberate and planned from the outset;

Achance (Diary) Wednesday, July 15th at 2:41PM EST (link)

they started talking weeks ago about how she should be judged ONLY on her responses to inquiries at the confirmation hearing. They knew she had an abominably activist and racist record and the judicial temperament of a stepped on cat. So, they built this new SoSo and trotted her out on TV and told the idiots out there not to look behind the curtain.

Anyway, Erick, the ones who are smart enough to know she lied either approve if it, Democrats, or are powerless to do anything about it, Republicans. What’s on TV tonight?

In Vino Veritas

She is now dubbed Toto-deny-or and I always knew that the gross racism of the Wise Latina's statements

Mike gamecock DeVine (Diary) Wednesday, July 15th at 2:50PM EST (link)

could cause the Dems to finally own the racist label and finally make the issue of the courts a major plus for the GOP as another reason people would have to reject the Democrats and given the
30% drop of Soto in the polls even before the hearing – see here

http://www.redstate.com/redhot/2009/07/13/sotomayorunwanted-as-sc-justice/

my latest
http://www.redstate.com/gamecock/2009/07/12/sotomayor-sessions-on-race-and-judicial-activism/

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

Unfortunately it won't matter one bit by 2010

civil truth (Diary) Wednesday, July 15th at 2:59PM EST (link)

How many people will even remember the SCOTUS hearinga come 2010, given Americans’ attention span, the MSM propaganda, and the other horrors fast speeding down the Congressional and Executive tracks.

Who will remember or care what was the 2nd ornament from the left dangling in the foward window after we’ve been run over by a locomotive?

The greatest evil…is conceived and ordered (moved, seconded, carried, and minuted) in clean, carpeted, warmed, and well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voice. Hence, naturally enough, my symbol for Hell is something like the bureaucracy of a police state or the offices of a thoroughly nasty business concern. -C.S. Lewis

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They might not remember every jot & tittle but the

eburke (Diary) Wednesday, July 15th at 3:04PM EST (link)

‘lazy’ voter cast their ballots based on their ‘gut feel’ (that’s why you have people still ‘undecided’ 2 days before an election in which they’ve heard about a gazillion ads). Every time we get a chance to pound on the “Obama’s so far out of the mainstream you can’t even see the banks” meme, we need to do it. Even if the LV (lazy voter) doesn’t remember every little detail, or even many of the big ones) the ‘aura’ (and odor) will linger.

“All that need be done for evil to triumph is for good men to do nothing.”

Unified Patriots

But the GOP is going to have a hard time

suzieQ (Diary) Wednesday, July 15th at 3:20PM EST (link)

slamming her in 2010 if 20 of them vote to confirm her. How do we distance ourselves from Obamacare, when Romney supports the same thing? How do we distance ourselves from Soso, when republican senators vote to confirm her? How do we distance ourselves from Barbara Boxer’s cap-and-tax legislation, when it is co-sponsored by a republican? How do we claim “small government” when Bush is the last republican president most voters remember?

In other words, I don’t think Soso is going to be very effective in 2010 for the same reason all of the other things I have listed aren’t. Because the GOP went along for the ride.

“Andy Stern, the head of the Service Employees International Union, is the union leader who probably best understands the challenge of the world market and the need to make American union members productive in the face of world competition.” – Newt Gingrich
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Don't necessarily disagree with all that, SuzieQ...

eburke (Diary) Wednesday, July 15th at 3:28PM EST (link)

in fact I agree with most of it. I keep hoping and praying that enough of the Pubs who haven’t fiugred that all out yet get their heads out of ….well, wherever they keep them.

But until they do…ColdWarrior’s got the answer. Become a Precinct Committeeman and we’ll take this sucker back from the bottom up.

“All that need be done for evil to triumph is for good men to do nothing.”

Unified Patriots

Part of the reason for tough questions

Kyle-MI (Diary) Wednesday, July 15th at 4:01PM EST (link)

The task of the Republicans on the judiciary committee isn’t to stop Sotomayor. Barring an unmistakable gaff, she will pass. The job of the judiciary Reps is to pound her hard enough that as many other Senate Reps vote against her as possible. If only two or three Reps vote for her then this should be an issue in 2010.

Thank you. I made that exact point a couple of days ago.

Bill S (Diary) Wednesday, July 15th at 3:09PM EST (link)

All she has to do is survive these hearings. Even if every GOPer votes against her, she’ll pass by a mile. And then no one will remember what happened

And sorry, GC, but that racist meme isn’t going to stick to the Dems. The case isn’t strong enough that it’s an institutionalized behavior. And everyone expects the Dems to be race-baiters already. Heck, we could have made that case years ago with some of the Jesse Jackson crowd.

“It’s such a fine line between stupid, and clever.” – David St. Hubbins

Thats where ads come in, and CT you know that I don't abide such gross pessimism

Mike gamecock DeVine (Diary) Wednesday, July 15th at 3:26PM EST (link)

smile

Mike DeVine’s Examiner.com, Charlotte Observer and The Minority Report columns
“One man with courage makes a majority.” – Andrew Jackson

I agree.

LibRick (Diary) Thursday, July 16th at 10:50AM EST (link)

In 2010, for most of the electorate, this won’t even be a memory. By the way, your last line was great.

"What’s on TV tonight?"

bk (Diary) Wednesday, July 15th at 3:25PM EST (link)

You mean other than the news about how the evil white male GOP Senators engaged in vicious personal attacks attacks against this poor Latina public servant?

Getting the pass

Princeliberty Wednesday, July 15th at 2:49PM EST (link)

Your right but the problem even the Republicans for the most part are giving her a pass.

Sessions and Coburn are doing good, but Graham is a disgrace with his going thru the motions style.

Hatch is already helping her too.

Graham is displaying the kind of leadership (yellow spine, empty suit) that could him a push form the National Republican (dis)leadership to be on the ticket for 2008.

Princeliberty

Tactics

Dencal26 Wednesday, July 15th at 4:14PM EST (link)

As we all know Ginsberg will probably be replaced under Obama, I think Sotomayor is perhaps the most moderate of Obama choices, Perhaps the battle is ahead.

I think its hard to get more left

Princeliberty Thursday, July 16th at 9:46AM EST (link)

But in any case what the Republicans need is to make the case for going by the Constitution as written.

To fight the battle for ideas, thus putting them in a better position for the future.

Surrendering on the battle of ideas will never be good for the country.

I am also sorry to say that I have heard the “tactics” excuse for not going by principle.

And look were that got us!

Princeliberty

I think its hard to get more left

Princeliberty Thursday, July 16th at 9:46AM EST (link)

But in any case what the Republicans need is to make the case for going by the Constitution as written.

To fight the battle for ideas, thus putting them in a better position for the future.

Surrendering on the battle of ideas will never be good for the country.

I am also sorry to say that I have heard the “tactics” excuse for not going by principle.

And look were that got us!

Princeliberty

The Senate Democrats have lynched truth and left it hanging on a tree

civil truth (Diary) Wednesday, July 15th at 2:55PM EST (link)

…and since Jesus said he was theTruth, where does that leave us not, as a nation is judged by the actions of its leaders ever since ancient times?

I keep understanding more and more Jeremiah’s plight – and it sucks. It sure not the America that I received as a legacy. And then what will be left for my children in a few years?

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IOKIYAD!

Thrhheggeegwc Jjtkylkfofud (Diary) Wednesday, July 15th at 2:55PM EST (link)

(It’s Okay If You’re a Democrat!)

5...nt

Aaron Gardner (Diary) Wednesday, July 15th at 3:08PM EST (link)

conform and celebrate diversity….or else!!!

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Franken lied

Common_Cents (Diary) Wednesday, July 15th at 3:23PM EST (link)

Franken kept saying he is not the 60th, but the 2nd, 2nd from MN and not a DEM lapdog.

Isn’t it curious that the left will announce to you what they are lying about? It’s their subliminal way of guilt evasion via warped disclosure.

Prez Zero leads the way.

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I do not want to run……

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Leahy also a liar

Dencal26 Wednesday, July 15th at 4:11PM EST (link)

Equally disturbing was Senator Leahys Deliberate Distortion and Lies when he read the Latina ” Quote” to Americans on National TV. Of course that was not her quote. Leahy didn’t care that Millions of Americans have seen the actual quote and knows he lied. He is hoping to fool the others who don’t pay attention.

Leahy is one of the slimiest

kyle8 (Diary) Wednesday, July 15th at 4:20PM EST (link)

in a log line of pukes. He is one of the very worst. I have more respect for Chuck Schumer.

“Nothing works like freedom, Nothing succeeds like liberty”
Kyle

What is with these people and race?

Alberta (Diary) Wednesday, July 15th at 4:55PM EST (link)

My mistake for clicking on the Dowd link, but I mean come on.

It was a disgrace to appoint Alito and Roberts BECAUSE THEY WERE WHITE?

Lets play:
I think it is a disgrace that so many of our papers writers are white. White women no less, one of the most coddled groups in the entire history of the world. A group that has so little in common with the non bourg, the sisters of colour who toil and sweat under conditions of slavery (taxpayers not paying for their abortions dontcha know), that any attempt by the whitey to show empathy only exposes the white sisters pathetic grasp of the culture of subjugation that they have never lived through but attempt to talk about. White women of means, like Dowd, who have never known want or hunger, are simple members of an old girls club. A club that seeks to entrench itself at the expense of the coloured. The fact that she, a generic white woman, has a job writing a prominent column when wise latina, black, chinese, arab, martian women do not is a disgrace and a permanent black mark on our country. I call for Dowd, and her white bread views, to be replaced, and replaced with someone of colour, nevermind the qualifications, as long as the woman is coloured.

I think its time for a shower. And you Dems think like that all the time. Yuck.

Sir, my concern is not whether God is on our side; my greatest concern is to be on God’s side, for God is always right.
Abraham Lincoln

They are obsessed

kyle8 (Diary) Wednesday, July 15th at 4:58PM EST (link)

It is sort of like talking to the Fair Tax people, or AmWay, or Scientologists, or any other fanatic, only they are much more menacing and mean spirited.

It is all they really think about, Race, race, race, and they have their counterparts in the Gay power movement and the old line feminists.

“Nothing works like freedom, Nothing succeeds like liberty”
Kyle

You nailed it. Her bigoted remarks were no big deal until she perjured herself.

spainishirish (Diary) Wednesday, July 15th at 6:32PM EST (link)

She should not be confirmed due to her pathological lying under oath. Differences in philosophy is one thing. Perjury is a disqualifier.

If Barack Obama wanted to, could he un-nominate Sotomayer at this point?

David123 (Diary) Wednesday, July 15th at 6:48PM EST (link)

If, say, he agrees that perjury is a disqualifier.

David123

Not likely

Lammo (Diary) Wednesday, July 15th at 6:50PM EST (link)

When all of your statements and promises come with an expiration date (Geraghty Rule), it isn’t likely that you believe perjury is even possible.

Don’t be so open minded that your brains fall out. (John Corapi, The Black Sheep Dog)

I was interested in her body language

Jack_Savage (Diary) Wednesday, July 15th at 10:49PM EST (link)

When she “answered” the tough questions, her eyelashes fluttered like a hummingbird on meth. The only thing I could think when I was watching was “LIAR.”

Erick I remember a post from you couple of days ago

antisocial (Diary) Wednesday, July 15th at 10:59PM EST (link)

in response to the controversy kicked by “investigations” of Bush administration Officials (Cheney/CIA in particular). You called it a distraction.

I think all day coverage of hearings for Supreme Court are causing a distraction. The only good coming out of Sotomayor hearing discussions/investigation/fact-finding is to demonstrate how flawed the “empathy” argument really is. And how libs operate and that they are compulsive liars (achieve the goal by all means necessary ). Beyond that I don’t see any good coming out of that.

More important issues are health care and crap-and-raid. If we look closely there are a lot more posts about hearings than healthcare/crap-and-raid. Even if we can’t effect the outcome all conservatives should place them front and center. No matter the outcome of our efforts – best case these get scrapped, worst case we at least warn the public about the dangers (educate). How cut costs really means deny care (rationing). How cost savings through eliminating waste means government deciding whether you deserve to live. How crap-and-raid will not only increase energy costs, it’ll increase the cost of everything. That is many times more critical.

I think we need to readjust our priorities.

Makes sense?

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