In July of this year, Roberts sat on a three-judge D.C. Court of Appeals panel hearing the "Hamdan" case, and voted to uphold the Bush Administration's prosecution of terrorism suspects held at Guantanamo Bay using military tribunals, rather than courts-martial (or regular U.S. courts).
On the very same day (July 15) that Roberts ruled in favor of the defendants in the Hamdan case -– a group that included President Bush -- he was also secretly meeting with the President at the White House for the final interview that led to his nomination to the Supreme Court.
While no quid pro quo can be shown here, ethical standards dictate that judges must recuse themselves in any case that could involve appearances of impropriety -- such as the interests of a potential future employer. (In fact, Judge Roberts clearly understands this concept. Back in February of 1986, he specifically recused himself from a campaign-financing matter because of "pending discussions...regarding future employment" with one of the parties involved in the matter.)
If confirmed as chief justice, John Roberts would be the most powerful judge in America for decades to come. His failure to recuse himself in the Hamdan case demonstrates that he is willing to put his own interests, and those of the Bush Administration, above the ethical standards required of his profession. For that reason alone, Judge Roberts simply should not be confirmed to our nation's highest court -- let alone serve as Chief Justice.
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