Judge Who Will Rule on Prop 8 Question Contrived Tale About Brother's Assault


Ed Whelan writes at NRO's Bench Memos about another weird example of people making stuff up (is this a new trend?):

By all accounts, it was clear from yesterday’s hearing that Chief Judge James Ware will deny Prop 8 proponents’ motion to vacate former district judge Vaughn Walker’s anti-Prop 8 judgment on account of Walker’s failure to recuse. Notwithstanding what I believe to be the compelling merits of the motion, that result will be no surprise. It would take a judge of clarity and courage to do the right thing, and it would be especially uncomfortable for a longtime colleague of Walker’s to vacate the signature ruling of Walker’s career. No one familiar with Ware would have expected him to grant the motion. As a prominent lawyer in the Northern District of California put it (in an e-mail to me):

[Ware] is infamous for having contrived a story about his brother being attacked by a racist mob which made him, a black man, especially sensitive to racial prejudice. Turns out the incident never happened, he didn’t even have a brother. The fabrication kept Ware from advancing to the 9th Circuit but was not considered serious enough to compel him to step down from the District Court. The excuse for his staying was that he hadn’t actually told the story under oath, just to the FBI and congressional staffers during their conduct of the background investigation. Ha!