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</A> -Cui Bono?-

February 17, 2000

Chief judge asked for same jurist in Hsia, Trie cases

By Jerry Seper
THE WASHINGTON TIMES


     The chief judge of the federal court here told Justice
Department prosecutors to ask that a criminal case against a
Democratic fund-raiser be assigned to a judge appointed by
President Clinton, records show.

     Chief District Judge Norma Holloway Johnson, already under
investigation for bypassing the court's random computer
assignment system, made the request in the prosecution of
Democratic fund-raiser Maria Hsia.

     Judge Johnson has suggested she assigned the Hsia case to
Judge Paul L. Friedman, a Clinton appointee, because it was
related to a case he already had been assigned � the prosecution
of Arkansas businessman Charles Yah Lin Trie. She used the
department's statement that the cases were related as
justification for her decision to bypass the random assignment
system.

     In a Feb. 14 letter to the House Judiciary subcommittee on
the courts and intellectual property, the Justice Department
acknowleged that it had filed "a related case notice stating that
at the suggestion of the chief judge" the Hsia case was related
to the Trie prosecution.

     Rep. Howard Coble, North Carolina Republican and the
subcommittee's chairman, questioned whether the department's
designation was appropriate.

     "As far as I am concerned, this procedure is unusual,
unorthodox and may be improper," said Mr. Coble. "The
subcommittee is concerned that the chief judge may have
improperly influenced the department's decision to file a related
case notice.
     "Did Chief Judge Johnson abuse her position by requesting
that the department file a notice of a related case, particularly
when the department apparently did not believe the cases were
related?" Mr. Coble asked in requesting that the ongoing
investigation be expanded. "Was this an attempt to disguise a
special assignment? . . . An investigation in this matter should
immediately be commenced."

     The subcommittee has jurisdiction over the federal courts.

     The Judicial Council was requested last month by Mr. Coble
to investigate Judge Johnson's case assignments, saying there
were questions concerning the propriety of her decision to bypass
the random assignment system. He said in a letter that the
judge's actions "may have been prejudicial to the effective and
impartial administration" of the court's business.

     Mr. Coble said Judge Johnson bypassed the random
case-assignment process in four campaign-finance cases
"potentially embarrassing" to the president and the Democratic
National Committee.

     The cases involved Trie; former Associate Attorney General
Webster L. Hubbell; Democratic fund-raiser Howard Glicken; Thai
lobbyist Pauline Kanchanalak; and Miami fund-raiser Mark B.
Jimenez. The judges involved Judge Friedman, James Robertson and
Emmet G. Sullivan, all of whom were named to the bench by Mr.
Clinton in 1994; and Henry H. Kennedy Jr., appointed by Mr.
Clinton in 1997.

     The Judicial Council, earlier this month, ordered acting
Appeals Court Chief Judge Stephen F. Williams to determine why
the random assignment system was bypassed in the cases.

     Judge Johnson, appointed to the bench in 1980 by President
Carter, has declined comment. But she told The Washington Times
in a letter last month she was authorized to assign "protracted
or complex criminal cases to consenting judges when circumstances
warrant."

     Earlier this month, senior judges at the federal court
abolished the policy that let Judge Johnson bypass the random
assignment system. Instead, they created a new system in which
high-profile or lengthy cases will be assigned on a random basis
to a separate pool that will include all the judges.

     The trial of Mrs. Hsia continued yesterday in federal court.
She is charged with five felony counts of causing false
statements to be filed with the Federal Election Commission about
the true source of campaign donations. Prosecutors said she
illegally reimbursed contributors for more than $100,000 in
donations they made to the Clinton-Gore 1996 re-election campaign
and the Democratic Party.

     Mr. Coble's concerns about the assignments surfaced after
two federal appeals court panels reinstated the Hubbell case that
Judge Robertson had thrown out and reversed a ruling by Judge
Friedman in the Trie case, resulting in a guilty plea several
days later. Another appeals court panel reinstated charges
against Mrs. Kanchanalak of making false statements to the
Federal Election Commission about money she contributed to the
DNC.

     He also said in his letter that "no rationalization can
possibly justify" the assignment of the Glicken case to Judge
Kennedy, adding there was "nothing complicated or protracted
about this case" and Glicken's attorney announced on the day he
was charged he would plead guilty.


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                      *Mike Spitzer*     <[EMAIL PROTECTED]>
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   The Best Way To Destroy Enemies Is To Change Them To Friends
       Shalom, A Salaam Aleikum, and to all, A Good Day.
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