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June 12, 2006

Comments

Eh Nonymous

Noonan didn't say "witnesses," he said "to call a judge abusive and demeaning and overly prosecutorial" is kettle-calling behavior.

Apparently, he feels that severe criticism of bad behavior is "abusive." To accurately identify failings is "demeaning" (actually this is true, but it makes his criticism no more valid). And to castigate a lower-court judge for professional failures is "overly prosecutorial" - as opposed to appropriately judicial.

Noonan is perhaps a biased commentator.

But you're right, bench-slappery is even more fun when it's intra-circuit.

S. COTUS

Eh, This Noonan isn’t the 9th Circuit Noonan, so I don't think it is intra-circuit.

But, as I understand it, the 3d’s problems were with Noonan’s treatment of witnesses (who are usually petitioners). There are not too many remands of IJs for good-faith differences in interpretation of the law.

So, a play would go something like this:

Ferlise: (treats witnesses and petitioners like crap)
CA3: You treat witnesses and petitioners like crap.
DOJ: I can’t stand Ferlise anymore. He makes us look bad.
Noonan: CA3 is probably just as bad as we are.

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