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FC: T.P. Jackson: Preternaturally biased or just one dumb judge?
From: Declan McCullagh <declan () well com>
Date: Tue, 27 Feb 2001 19:56:08 -0500

Now that we know what the DC Circuit Court of Appeals thinks about blabbermouth Judge Thomas Penfield Jackson, let's take a look at how some pundits lionized him as the cool-headed and neutral savior of the computer industry just a year ago.

But first, some excerpts from today's oral arguments, taken in part from AP's list:
http://dailynews.yahoo.com/h/ap/20010227/tc/microsoft_judges_2.html
"We do not have ex parte communications. And the Code certainly says that: 'We neither initiate nor consider ex parte or other communications concerning a pending case.' I don't discuss cases with my best friends." -- Judge David Sentelle (according to AP) "You talk about 10 hours of taped interviews with one reporter. And there may be four or five more reporters. So we don't even know the extent of the statements that were made." -- Judge A. Raymond Randolph "Had he not placed that embargo he would have been off that case in a minute." -- Judge A. Raymond Randolph "There are some who would say that (Jackson's behavior) violates the whole oath of office." -- Chief Judge Harry Edwards "We don't run off our mouths in a pejorative way... The system would be a shambles if all judges did that... Good heavens, is that what judges do? They take preferred reporters in?" --Chief Judge Harry Edwards

Now let's go back in time to last spring, around the time of Jackson's April 2000 conclusions of law and June 2000 breakup order. These were boom times for anti-Microsoft partisans, as we see below...

"The country is fortunate that there are people like Joel Klein and Judge Thomas Penfield Jackson willing to take on this icon of the dot.com IPO world, these, you know, rich guys who don't think that there's any place in America for regulation... " -- Margaret Carlson, Time magazine columnist, CNN Capital Gang, June 10, 2000 "Most of the plaudits in this case so far have gone to the Justice Department's lawyer, David Boies. But the real hero, I think, was Judge Jackson." -- David Ignatius, Washington Post columnist, April 5, 2000 column "(The ruling) deserves wide credence... It was carefully grounded in antitrust doctrine and the facts presented at trial." --New York Times editorial

What a difference a year makes.

-Declan

PS: More on Judge Jackson:
http://www.politechbot.com/cgi-bin/politech.cgi?name=jackson
http://www.politechbot.com/p-00703.html
http://www.politechbot.com/p-01187.html
http://www.wired.com/news/politics/0,1283,40353,00.html
http://www.wired.com/news/politics/0,1283,41477,00.html



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