http://www.democrats.com/view2.cfm?id=5348

14-Dec-01

Philip J. Berg, Esquire, former Deputy Attorney General of Pennsylvania and political activist... on the 1st anniversary of the U.S. Supreme Court decision in Bush vs. Gore which "anointed" Bush as President [wrote] to three (3) U.S. Supreme Court Justices, Justices O'Connor, Scalia and Thomas requesting that they agree to "Voluntary Disbarment" for failing to "recuse" themselves in said case and other violations. Berg said: "It is the appearance of impartiality not the reality of bias or prejudice that dictates and in this case, there was not only appearance but also actual conflict of interest. They violated the rules of conduct and must accept the consequences of their partisan action."

For Further Information Contact:

Philip J. Berg, Esquire
"Vote Power"
706 Ridge Pike
Lafayette Hill, PA 19444-1711
Cell (215) 260-4633
(610) 825-3134
(800) 993-PHIL
Fax (610) 834-7659
PJBLAW@aol.com

PHILADELPHIA ATTORNEY PHIL BERG DEMANDS DISBARMENT OF (3) U.S. SUPREME COURT JUSTICES - O'CONNOR, SCALIA and THOMAS ON THE ONE (1) YEAR ANNIVERSARY OF BUSH vs. GORE, THE CASE THAT "ANOINTED" BUSH AS PRESIDENT

(Philadelphia, PA - 12/12/01) - Philip J. Berg, Esquire, former Deputy Attorney General of Pennsylvania and political activist, an attorney with offices in Montgomery County, PA and an active practice in Philadelphia, PA today, on the 1st anniversary of the U.S. Supreme Court decision in Bush vs. Gore which "anointed" Bush as President writes to three (3) U.S. Supreme Court Justices, Justices O'Connor, Scalia and Thomas requesting that they agree to "Voluntary Disbarment" for failing to "recuse" themselves in said case and other violations.

Berg said: "The attached letter is self explanatory requesting three (3) U.S. Supreme Court Justices to agree to voluntary disbarment from the practice of law. It is the appearance of impartiality not the reality of bias or prejudice that dictates and in this case, there was not only appearance but also actual conflict of interest. They violated the rules of conduct and must accept the consequences of their partisan action.

The three (3) Justices of The Supreme Court of the United States should voluntarily turn in their licenses in their respective states or we will ask that disciplinary action be undertaken including disbarment as well as summary suspension in their respective states for violating the Rules of Court and not 'recusing' themselves in the case of Bush vs. Gore and other violations Specifically, Justices O'Connor, Scalia and Thomas.

Over 2,750 individuals requesting the disbarment of these Justices have signed a Petition. (www.petitiononline.com/senate/petition) We are fighting for the integrity of our election process. We are proceeding so that the "Will Of The People Prevails!" and remember, as Tom Petty said, "I, we mean, WE WON'T BACK DOWN!"

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The text of the letter is:

December 12, 2001

Honorable Justice Sandra Day O'Connor
Supreme Court of The United States
One First Street, N.E.
Washington, DC 20543

Honorable Justice Antonin Scalia
Supreme Court of The United States
One First Street, N.E.
Washington, DC 20543

Honorable Justice Clarence Thomas
Supreme Court of The United States
One First Street, N.E.
Washington, DC 20543

Re: Request For Voluntary Disbarment

Dear Honorable Justices O'Connor, Scalia and Thomas:

May it please the Honorable Court. I represent over 2,750 individuals who have signed a petition hereinafter described and hereby set forth the following. On the one (1) year anniversary of the decision by the United States Supreme Court in the case of Bush vs. Gore, we are hereby requesting each of you to agree to voluntary disbarment as an attorney for your:

1. Failure to recuse yourself from the case of Bush vs. Gore based upon the following:

a. JUSTICE SANDRA DAY O'CONNOR'S election evening exclamation, "This is terrible," when CBS anchor Dan Rather called Florida for Al Gore before 8 P.M. clearly indicated her 'preference' in the Presidential election for which there was only one decision, that being to "recuse" herself.

b. JUSTICE ANTONIN SCALIA'S obvious conflict of interest with two of his sons working in the law firms of Ted Olson and Barry Richard, attorneys representing George W. Bush's legal interest in the cases regarding the 2000 Presidential election with one son actually working on Bush vs. Gore for which there was only one decision, that being to "recuse" himself.

c. JUSTICE CLARENCE THOMAS'S obvious conflict of interest with his wife working at the Heritage Foundation reviewing Republican resumes for the Bush administration for which there was only one decision, that being to "recuse" himself.

2. Numerous specific violations of the various bar associations that each of you are members of.

Your failure to agree to voluntary disbarment will result in our submitting to all bar associations each of you are members of requesting formal investigation regarding disciplinary charges against each of you as an attorney. We will respectfully request that each of your conduct warrants the imposition of severe discipline, including disbarment as well as summary suspension.

In addition to the specific violations of provisions of the Disciplinary Rules of the various states each of you are members of, we are incorporating herein and make the following a part hereof:

1. Petition with 2,750 + signers requesting the disbarment of each of you, Justices O'Connor, Scalia and Thomas which you can see at www.petitiononline.com/senate/petition.html;

2. Vincent Bugliosi's Book, The Betrayal of America (How The Supreme Court Undermined the Constitution And Chose Our President), that sets forth specific violations of each of you; and

3. Articles from The Nation, including "None Dare Call It Treason" that sets forth specific violations by each of you.

Our nation is founded on basic principles of honesty, freedom and democracy without which our nation would not have survived and will not survive. No one is above the law, especially and most importantly, Justices of the U.S. Supreme Court. The case of Bush vs. Gore has brought into question our entire Judicial System because of the failure of each of you, Justices, to recuse yourselves, because the Court even took the case, and because of the fact that the decision is, for the first time in history, only applicable to that case; factors that apply specifically to each of you, Honorable Justices.

In addition to what we believe to be a violation of 28 U.S.C.A. Sections 455 (a) and (b) which provides for a Justice disqualifying himself in any proceeding in which his impartiality might reasonably be questioned and/or in those circumstances wherein he has a personal bias or prejudice, we also firmly believe that the conduct of each of you, Justices O'Connor, Scalia and Thomas were further in violation of the Code of Professional Responsibility and/or the Disciplinary Rules of the various Rules of Court which set forth the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action which includes conduct: involving dishonesty, fraud, deceit, or misrepresentation; and/or that is prejudicial to the administration of justice.

Unless we hear that you have agreed to voluntarily disbarment that will restore honor and dignity to our judicial system, we will be filing formal disciplinary proceedings with your respective bar associations.

Thank you.

Respectfully,

PHILIP J. BERG Attorney for 2,750+

The Petition To Disbar Is: http://www.petitiononline.com/senate/petition.html

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