Leonard C. Goodman is a Chicago criminal defense attorney and co-owner of the newly independent Reader.
The differences between Democrats and Republicans on issues like abortion and gay rights are important to be sure. But the areas of agreement between the two parties— both parties favor the interests of corporations over their workers and the environment— are also important. And these issues don’t get discussed because there is no disagreement. It is just accepted by both parties that a lawyer must be business-friendly to qualify for a federal judgeship.
Chevron’s RICO suit against Donziger was filed in the Southern District of New York, a Wall Street-friendly court. The case was presided over by U.S. district Judge Lewis Kaplan who, before being appointed to the bench by former President Bill Clinton, a Democrat, spent decades as a corporate lawyer representing tobacco companies and banks. The record of the RICO case shows that Chevron paid a disgraced former Ecuadoran judge named Alberto Guerra about $2 million to testify that the verdict in Ecuador was the product of a bribe. Chevron’s cash payments to Guerra should have disqualified him as a witness. Moreover, Guerra admitted to lying about the bribe in another international proceeding. Nevertheless, after denying Donziger his right to a jury trial, Judge Kaplan found that Guerra’s story was credible.
Although the Democrats will do nothing to stop Barrett’s nomination to the Supreme Court, their leader, Joe Biden, has pledged that if elected, he would establish a bipartisan commission to study whether to expand the courts to achieve greater balance.
