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Polar Opposites: David Duval compared with Judge Edith Clement

Polar Opposites: David Duval compared with Judge Edith Clement

BP SettlementThis morning I saw the second Freeh Report, which basically highlighted David Duval`s departure from the Deepwater Horizon Settlement.

It seems to me that the only chink in Mr. Duval’s armor was an email that he sent to his cousin regarding a panelists comments. Neither Mr. Duval or his cousin had any sort of monetary gain at stake from sending it, or reading it.

As the report noted, Mr. Duval was forthright immediately. As I understand it, he actually told the DWHS Leadership, and I will repeat this again, he had no financial gain whatsoever in sending this email to his cousin who is also an attorney.

He immediately resigned, as sending the email was contrary to an agreement that he had with the leadership of the Deepwater Horizon Settlement regarding confidentiality, and he wanted to avoid any hint of impropriety.

Now lets Compare Judge Clement’s Actions to David Duval’s

Let’s compare what happened to David Duval and how he dealt with it, versus what is going on with Judge Clement and her relationships with Big Oil.

Clement will not Leave the FREE organization (Foundation for the Environment and Economics)

Another opinion on F.R.E.E.

This is sourcewatch.org’s view of the FREE Organization –

Based out of Bozeman, Montana, FREE is a prime engine for free market environmentalism in the area of education.

The chairman, John Baden (a past member of the National Petroleum Council), preaches reliance on market mechanisms and private property rights, rather than on environmental law, for protection of the environment. Baden stresses decentralization – a shift of control from what he calls “Green platonic despots in D.C.” to “local interests.”

In reference to the agenda of FREE, Baden has written that it’s, “the norm among progressive, intellectually honest and successful environmentalists.”

One of the newest FREE plans is the “Charter Forest” project, in which national forests would no longer operate under the “multiple use” standard. Instead, each forest would be managed by whomever could make the greatest profit from it.

FREE has been offering all expense-paid trips to seminars for federal judges.

These seminars which feature such topics as “The Environment: A CEO’s Perspective” are usually held at private ranches or resorts in Montana with a plethora of amenities for the judges to enjoy. In the late 90’s, FREE bragged that nearly 1/3 of the federal judiciary had either attended or was seeking to attend one of their seminars.

The Koch Brother Support FREE:

This is from GREENPEACE

Koch Industries Climate Denial Front Group is the

Foundation for Research on Economics and the Environment (FREE)

GreenPeace reported that  FREE received $430,000 from Koch foundations 2005-2011 [Total Koch foundation grants 1997-2011: $1,525,000].
Peter Geddes, Executive Vice President of FREE, has advocated against taking action on climate change because warming is “inevitable” and expensive to address. In addition, FREE sponsors seminars for federal judges that have been criticized for creating judicial conflicts of interest.

It gets BETTER – guess who The Koch brothers do Business with, BP of course.

The Koch Brothers even pollute the environment with BP, just ask the residents on the East Side of Chicago. This was recently documented by the Huffington Post. Here is the article.

So Judge Clement who is a board member of FREE, who takes large donations from the Koch Brothers, who work with BP, and both pollute the environment.

It is Very Very Clear that Judge Clement has a conflict of interest here, she should not be in any way associated with BP. Yet the Companies who fund her organization work closely with BP.

For further clarification of the Junkets for Judges program and Judge Clements TAINTED relationship with FREE click here.

This is from their website

FREE’s mission is to imagine and implement an economic way of thinking that is consistent with a society of free and responsible individuals

In essence they are for deregulation of the Energy and Oil Industrial sector, but they do have a few noble endeavors towards helping wildlife, but don`t let that fool you. This is an organization with a lot of influence that works for Big Oil and their interests.

It is funded by Exxon/Mobil, the Koch Brothers,Texaco, Exxon, General Electric,  Monsanto, and Shell. They are the major players in the Oil and Gas Industry.

Judge Clement has a relationship with an organization which she has been asked to step down from by Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court  other judges have stepped down from FREE, so that there would not be a conflict of interest. Judge Clement still participates in FREE  as a board member

Judge Clement appears to have a long-standing relationship with Big Oil she was appointed to  the bench by George W. Bush and we all know he loved big oil. Bush signed the most sweeping bill to deregulate oil in 2005. Judge Clement was assigned to the 5th Circuit in 2001. Do you think that George Bush had an agenda to advance Big Oils interests, YOU BET HE DID.

If you look at Judge Clement’s stock portfolio you will notice that many of her mutual funds have energy stocks within them, she had interest in BP stock until 2009 or so.

If you compare David Duval`s actions and voluntarily resigning, versus Judge Clement’s refusal to recuse herself after a relationship with FREE. They are polar opposite in terms of integrity.

It is clear that Mr Duval has taken the high road while Judge Clement stands firm with Big Oil, and this has negatively impacted the BP Claims Settlement, either by her own ideology which is why Bush appointed her, or because of her relationship with Big Oil or a combination there of.

It is very clear what her next move should be, and it is not hearing the next appeal, but to step down from FREE, and correct any public perception of impropriety .

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Judge Edith Clement and Big Oil

“IS THE BP CLAIMS PROCESS BEING HIJACKED BY FRIENDS OF BIG OIL”

BP Claims and Judge Edith ClementOn Thursday morning, January 16, I was sent a link to an article written by James Gill of The Advocate in Baton Rouge.
The article was on  Judge Edith Clement, who is the 5th Circuit Judge that originally sided with BP, and will hear more of BP`s appeals in the very near future. 

The article points out that there may be a good reason that this judge, who seems to be very friendly to BP with her written opinions, is making the decisions that greatly benefit BP, and not the people that were financially harmed by the worst man-made disaster in U.S. history.

Judge Clement and FREE

The article points out that Judge Clement has for years been a board member one of the most active front organizations, for Big Oil and Energy. She is a board member of  The Foundation for Research into Economics and the Environment (a.k.a. FREE). This organization seems to be very pro big oil, as its chairperson, John Baden, is a past member of the National Petroleum Council.

As the article points out, Judge Clement’s picture is on the website, she is a board member. This group is funded by Big Oil and takes luxurious junkets yearly, one of the last ones being to Montana, it was estimated by an independent group that the cost per individual of that trip was 10,000 dollars a head. It is not clear where all of the funding for this group comes from but it is clear that, at least in part, it is funded by big oil. One of the major financial contributors is Exxon/Mobil.

Apparently sometime in 2005, Judge Andre M. Davis was a board member of this same group and someone filed a formal complaint citing the obvious conflict of interest. Judge Davis requested an opinion from the Committee on Codes of Conduct of the Judicial Conference of the United Stated District Court. Their opinion was issued on March 30, 2005 and it clearly explained that the honorable judge was violating several rules by being on the board of FREE. In a nut shell, the opinion was that the judge’s service on the board of this group calls into question the judge’s partiality on certain issues. Since the group is funded in part by “Big Oil” who would you think the judge would favor in a court case?

 The article goes on to explain that Douglas Kendall, the President of the Constitutional Accountability Center in Washington, DC, wrote to Clement pointing out the Judicial Conference of the United States had ruled that joining FREE’s board was against its code of conduct, she did not respond. Click here to read the letter to Judge Clement dated December 9, 2010.

She is still a member to this day and you can see a picture of her here, she is on the Board of DirectorsJUDGE EDITH CLEMENT FINANCIAL DISCLOSURES AND BP STOCK


If you look at Judge Clements 2011 financial disclosures here is a l link to them you will see how vested she is an energy stocks, specifically Vanguard which is as I understand is one of the largest stockholders of BP stock in the United States. Please understand, I am not saying any of the Vanguard mutual funds she owns has BP Stock in them, but should`nt this and her relationship with FREE at the very least be looked into.

Top Mutual Fund Holders of BP Stock according to Yahoo Finance.

Franklin Custodian Funds-Income Fund
Vanguard/Wellington Fund Inc.
Vanguard/Windsor II 15,549,869
Vanguard Specialized-Energy Fund
DFA International Value Series
American Mutual Fund Inc
Invesco Comstock Fd 4,826,424
American Beacon Large Cap Value Fd
Hartford Capital Appreciation Fund
Vanguard/Windsor Fund Inc

 

 Why does this matter?

In the judicial system of the United States, judges are required to recuse themselves (remove themselves from participating in a case), not only when they are biased, but even when they may appear biased to a neutral observer. This appearance-based recusal standard is intended to ensure the judge’s impartiality in resolving disputes, to protect the judiciary’s reputation, and to instill public confidence in the fairness of the courts.

 Just a side note here, George Busch appointed her, we know who he stands with, and that is Big Oil. Judge Clement also owned BP stock as late as 2009.

At this point, it appears many are questioning the impartiality of Judge Clement with regard to the BP case.

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