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May 23, 2013
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Silent on Obama Judicial Nominee's Wild Legal Theories, Will Media Report Professional Misconduct?

By Lachlan Markay | June 23, 2010 | 16:18

A  A
Did you know that President Obama has nominated for a federal judgeship someone who believes a serial killer and rapist's "sexual sadism" should be a cause to give him a less serious punishment? Probably not, since the media have given it almost no coverage.

Robert Chatigny, nominated for the Second Circuit Court of Appeals, believes that sexual sadism should be what's known as a "mitigating factor" in determining guilt and punishment for murder and rape. Counterintuitive as it may be, he thinks sexual sadism should be cause for a lighter sentence.

On top of all this, today NewsBusters sister site CNS News reported that 13 years before Chatigny delayed the execution of one Michael Ross, a serial killer and rapist, he had served as Ross's private defense attorney. Apparently he forgot to recuse himself. Will the media report this tidbit?

CNS News reporter Fred Lucas wrote today,
President Barack Obama’s nominee to serve on the U.S. Court of Appeals for the 2nd Circuit, Robert N. Chatigny, did legal work as a private defense attorney in 1992 for convicted serial killer Michael Ross and then, in 2005, as a federal district judge, led a proceeding that resulted in a delay in Ross’ execution. Chatigny says he forgot about the earlier work and should have recused himself from the matter.

"Had I recalled it, I would have recused myself," Chatigny wrote in a questionnaire last month for the Senate Judiciary Committee…

In a written response to questions from Republicans on the Senate Judiciary Committee, Chatigny wrote, “I recalled my prior involvement only after one of the complainants amended his initial complaint to include a claim based on my prior involvement. Until then, I had no recollection of it."
Regardless of whether Chatigny is telling the truth about his poor memory span, isn't this massive conflict of interest worth a report or two from major media outlets? The Senate will vote on his nomination soon. His record seems relevant. But apparently few in legacy media agree.

Chatigny's beliefs regarding sexual sadism have no grounding in any legal standard or precedent; he said so when asked by Sen. Jeff Sessions. He, Chatigny, just sort of thought it up and decided to implement the standard on his own. He is the product of the activist philosophy liberals strive to create in the judiciary.

The media's continued refusal to call Chatigny out on his reporting just demonstrates that they are, by and large, on board with this philosophy. Telling, though hardly surprising.

About the Author

Lachlan Markay is an associate with Dialog New Media. Click here to follow Lachlan Markay on Twitter.
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