Klayman v. Judicial Watch, Inc.
Decision Date | 05 October 2017 |
Docket Number | Civil Action No. 06–670 (CKK) |
Citation | 278 F.Supp.3d 252 |
Parties | Larry KLAYMAN, Plaintiff, v. JUDICIAL WATCH, INC., et al., Defendants. |
Court | U.S. District Court — District of Columbia |
Larry E. Klayman, Klayman Law Group, P.A., Washington, DC, for Plaintiff.
Richard Wayne Driscoll Driscoll & Seltzer, PLLC Alexandria, VA for Defendant.
COLLEEN KOLLAR–KOTELLY, United States District JudgePending before the Court is Plaintiff's [414] Motion to Recuse/Disqualify Judge Colleen Kollar–Kotelly, which seeks the recusal or disqualification of the undersigned pursuant to 28 U.S.C. § 455(a) and 28 U.S.C. § 144. This is Plaintiff's third motion for this purpose, and it is again opposed by Defendants. Upon a searching review of the pleadings, the record, and the relevant authorities,1 the Court concludes that Plaintiff has failed to furnish any evidence of extrajudicial bias or prejudice. Rather, Plaintiff relies almost exclusively on his dissatisfaction with the legal rulings of this Court, which is an insufficient basis for recusal or disqualification. Accordingly, the pending motion for recusal or disqualification shall be DENIED .
Plaintiff moves to recuse this Court pursuant to 28 U.S.C. § 455(a), which permits a litigant to seek recusal of a federal judge "in any proceeding in which his impartiality might reasonably be questioned." "[T]o be disqualifying, the appearance of bias or prejudice must stem from an extrajudicial source." United States v. Barry , 961 F.2d 260, 263 (D.C. Cir. 1992). In assessing section 455(a) motions, the D.C. Circuit has applied an "objective" standard: "Recusal is required when ‘a reasonable and informed observer would question the judge's impartiality.’ " SEC v. Loving Spirit Found. Inc. , 392 F.3d 486, 493 (D.C. Cir. 2004) (quoting United States v. Microsoft Corp. , 253 F.3d 34, 114 (D.C. Cir. 2001), cert. denied , 534 U.S. 952, 122 S.Ct. 350, 151 L.Ed.2d 264 (2001) ). "This standard requires that [the Court] take the perspective of a fully informed third-party observer who understands all the relevant facts and has examined the record and the law." United States v. Cordova , 806 F.3d 1085, 1092 (D.C. Cir. 2015). As a result, "bald allegations of bias or prejudice" do not suffice. Karim–Panahi v. U.S. Cong., Senate & House of Representatives , 105 Fed.Appx. 270, 275 (D.C. Cir. 2004).
In the context of section 455(a), "unfavorable judicial rulings alone almost never constitute a valid basis for reassignment." United States v. Hite , 769 F.3d 1154, 1172 (D.C. Cir. 2014) ; see also United States v. Microsoft Corp., 56 F.3d 1448, 1463 (D.C. Cir. 1995) (per curiam) (). As the Supreme Court has observed, judicial rulings by themselves "cannot possibly show reliance upon an extrajudicial source; and can only in the rarest circumstances evidence the degree of favoritism or antagonism required ... when no extrajudicial source is involved."
Liteky v. United States , 510 U.S. 540, 555, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994). Therefore, dissatisfaction with a court's rulings "almost invariably" provides a proper ground for appeal—not for recusal. Id. In addition, "opinions formed by the judge on the basis of facts introduced or events occurring in the course of the current proceedings ... do not constitute a basis for a bias or partiality motion unless they display a deep-seated favoritism or antagonism that would make fair judgment impossible." Id. Consequently, courts in this circuit have routinely held that a claim of bias predicated on a court's rulings do not, standing alone, warrant recusal. See, e.g., Liberty Lobby, Inc. v. Dow Jones & Co., Inc., 838 F.2d 1287 (D.C. Cir. 1988) (, )cert. denied , 488 U.S. 825, 109 S.Ct. 75, 102 L.Ed.2d 51 (1988) ; Cotton v. Washington Metro. Area Transit Auth. , 264 F.Supp.2d 39, 42 (D.D.C. 2003) ( ).
Under section 144, a litigant must submit, along with its motion, an affidavit stating "the facts and the reasons for [its] belief that bias or prejudice exists." 28 U.S.C. § 144. Upon the filing of a "timely and sufficient affidavit," section 144 mandates that the assigned "judge shall proceed no further, but another judge shall be assigned to hear such proceeding." Id. ; see also Bhd. of Locomotive Firemen and Enginemen v. Bangor & Aroostook R.R. Co. , 380 F.2d 570, 576 (D.C. Cir. 1967) (). "Importantly, the mere fact that a party has filed a § 144 motion, accompanied by the requisite affidavit and certificate of counsel, does not automatically result in the challenged judge's disqualification." Robertson v. Cartinhour , 691 F.Supp.2d 65, 77 (D.D.C. 2010) ; see also United States v. Miller , 355 F.Supp.2d 404, 405 (D.D.C. 2005) (). Rather, recusal is required only upon the filing of a "timely and sufficient affidavit." 28 U.S.C. § 144.
The question of whether the motion and supporting affidavit are both timely and legally sufficient is for this Court to determine in the first instance. United States v. Haldeman , 559 F.2d 31, 131 (D.C. Cir. 1976) (); see also United States v. Heldt , 668 F.2d 1238, 1272 n.69 (D.C. Cir. 1981) ( )(quoting Haldeman , 559 F.2d at 131 ). First, with respect to the timeliness of the motion, section 144 is itself silent as to "what the timeliness requirement means where, as in this case, the recusal motion rests on events occurring after proceedings began." Loving Spirit Found. , 392 F.3d at 492. In such circumstances, courts "have required the affidavit to be filed ‘at the earliest moment.’ " Id. As the D.C. Circuit has made clear, the timeliness requirement is "[c]rucial to the integrity of the judicial process," as it "ensures that a party may not wait and decide whether to file based on ‘whether he likes subsequent treatment that he receives.’ " Id. (quoting In re United Shoe Mach. Corp. , 276 F.2d 77, 79 (1st Cir. 1960) ).
Second, in determining whether the affidavit sets forth a legally sufficient basis for disqualification, the Court "must accept the affidavit's factual allegations as true even if the judge knows them to be false." Loving Spirit Found. , 392 F.3d at 496 ; see also United States v. Hanrahan , 248 F.Supp. 471, 474 (D.D.C. 1965) (). However, the affidavit "must state facts as opposed to conclusions, and while the information and belief of the affiant as to the truth of the allegations are sufficient, mere rumors and gossip are not enough." Hanrahan , 248 F.Supp. at 474 (internal citations omitted). "The identifying facts of time, place, persons, occasion and circumstances must be set forth, with at least that degree of particularity one would expect to find in a bill of particulars." Id. (internal citations omitted). Importantly, given the requirement that the Court accept the facts stated in the affidavit as true, the statute mandates that "the attorney presenting the motion [ ] sign a certificate stating that both the motion and declaration are made in good faith." Loving Spirit Found. , 392 F.3d at 496 ; see 28 U.S.C. § 144 ( ). The certification requirement is key to the integrity of the recusal process and "guard[s] against the removal of an unbiased judge through the filing of a false affidavit." Loving Spirit Found. , 392 F.3d at 496.
Hanrahan , 248 F.Supp. at 475–76 (internal citations and quotations omitted). "Importantly, to be disqualifying, the alleged bias usually ‘must stem from an extrajudicial source and result in an opinion on the merits on some basis other than what the judge learned from his participation in the case.’ " Robertson , 691 F.Supp.2d at 78 (quoting United States v....
To continue reading
Request your trial-
Jordan v. U.S. Dep't of Justice
..."personal bias or prejudice" through the affidavit is essentially the same under Sections 144 and 455, see Klayman v. Judicial Watch, Inc. , 278 F.Supp.3d 252, 257 (D.D.C. 2017), this Court jointly applies that standard to the present facts. The Court briefly addresses some of Mr. Jordan's ......
-
Ellis v. Jackson
..."[T]o be disqualifying, the appearance of bias or prejudice must stem from an extrajudicial source." Klayman v. Judicial Watch, Inc. , 278 F.Supp.3d 252, 255 (D.D.C. 2017) (quoting United States v. Barry , 961 F.2d 260, 263 (D.C. Cir. 1992) ). "[T]his circuit applies an ‘objective’ standard......
-
Shao v. Roberts
...may not wait and decide whether to file based on whether he likes subsequent treatment that he receives.'" Klayman v. Judicial Watch, Inc., 278 F. Supp. 3d 252, 256 (D.D.C. 2017) (quoting S.E.C. v. Loving Spirit Found., Inc., 392 F.3d 486, 492 (D.C. Cir. 2004)). Shao's re-filing of a motion......
-
Klayman v. Judicial Watch, Inc., Civil Action No. 06-670 (CKK)
...v. Judicial Watch, Inc., 744 F. Supp. 2d 264 (D.D.C. 2010) ("Klayman Second Recusal Opinion"); Klayman v. Judicial Watch, Inc., 278 F. Supp. 3d 252 (D.D.C. 2017) ("Klayman Third Recusal Opinion"). The putative basis for the latest attempt is the Court's March 18, 2019, decision denying Klay......