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After Blocking A Judicial Nominee To Arizona District Court, McCain Falsely Claims The Nomination Was Never Made

District Court nominee Rosemary Marquez

Last week, ThinkProgress reported that Arizona’s two Republican senators, John McCain and Jon Kyl, are obstructing judicial nominees for their own state, which happens to be one of the most overloaded court system in America. Ian Millhiser wrote how McCain is holding up Rosemary Marquez, a defense attorney nominated by President Obama for the District Court of Arizona. Now, McCain is offering a demonstrably false explanation of why Marquez’ nomination is not moving forward:

When asked about attorney Rosemary Marquez’s appointment, he said her name hadn’t been submitted yet to the U.S. Judiciary Committee.

We have not seen it submitted by the administration so neither Jon Kyl and I are blocking it. If her name is submitted we will go through the process which is our constitutional responsibility,” said Senator John McCain.

In reality, Marquez’s nomination was submitted to the Judiciary Committee three months ago on June 23, 2011. As the local Fox affiliate notes, Judiciary Committee staff confirmed the nomination with reporters in Arizona, and even provided Marquez’s nominee number (PN724112).

The massacre this year, in which Chief Judge John Roll was murdered in the same shooting that targeted Rep. Gabrielle Giffords (D-AZ), left the district court with three vacancies. The Judicial Conference of the United States believes that eight additional judges are required to keep up with the court’s exploding caseload, where felony case filings alone nearly doubled from 3,023 in 2008 to 5,219 in 2010.

Why is McCain offering false explanations for why Marquez’ nomination is not moving forward? Its not clear. However, McCain has a long history of exploiting the broken rules of the Senate to in ways that benefit his corporate benefactors. In 2009, he worked with corporate lobbyists at the U.S. Chamber of Commerce to block a key nominee to the Labor Relations Board. Chamber board members donated nearly $400,000 to his presidential campaign in 2008, and he received renewed Chamber support shortly after he placed a hold on this nomination.

Economy

Banks Still Fabricating Documents One Year After Robo-Signing Scandal Broke

About a year ago, several of the nation’s biggest banks were caught in scandal over “robo-signing” — approving foreclosures without verifying basic information about the loan and fabricating documents to present to courts. For several months, a group of state attorneys general has been attempting to negotiate a settlement with the banks for their mortgage misdeeds.

However, those talks have broken down (as CAP warned they would), with the AG’s fracturing between those who want to craft a settlement quickly and those, like New York Attorney General Schneiderman, who want a deeper investigation into the banks’ activities. Meanwhile, as American Banker reported today, the banks have not stopped fabricating documentation in order to foreclose on borrowers:

Some of the largest mortgage servicers are still fabricating documents that should have been signed years ago and submitting them as evidence to foreclose on homeowners.

The practice continues nearly a year after the companies were caught cutting corners in the robo-signing scandal and about six months after the industry began negotiating a settlement with state attorneys general investigating loan-servicing abuses.

Several dozen documents reviewed by American Banker show that as recently as August some of the largest U.S. banks, including Bank of America Corp., Wells Fargo & Co., Ally Financial Inc., and OneWest Financial Inc., were essentially backdating paperwork necessary to support their right to foreclose.

In several instances, banks were signing over documents from lenders that no longer exist. For example, one Bank of America executive “signed a mortgage assignment on July 29 of this year that purported to transfer ownership of a mortgage from New Century Mortgage Corp. to a trustee, Deutsche Bank.” However, “New Century, a subprime lender, went bankrupt in 2007; and the Deutsche Bank trust that purported to hold the loan was created for a securitization completed in 2006 — about five years before Juarez signed it over to the trust.”

Goldman Sachs has reportedly agreed to “compensate some home loan borrowers for wrongful foreclosures,” as well as put an end to robo-signing. Given the way that the banks have handled the fallout from this scandal thus far, that is a promise that should definitely be taken with a grain of salt.

NEWS FLASH

Poll: Majority Of Pennsylvanians Support Civil Unions, Half Support Marriage Equality Constitutional Amendment | A new Franklin & Marshall College poll finds the half of Pennsylvanians favor a constitutional amendment to legalize same-sex marriage, with 62 percent favoring a state law allowing civil unions. This is “a sharp shift since June 2009, the last time F&M asked about same-sex marriage,” when the numbers were “almost exactly reversed.” In 2009, 52 percent of Pennsylvanians opposed a marriage equality amendment. “I think there’s a big change going on with this,” said poll director Dr. G. Terry Madonna. “In the next generation, it’s going to be widely accepted.” However, in the GOP-led state legislature, there is one bill currently pending that asks these same Pennsylvanians to approve a constitutional amendment defining marriage as solely between a man and a woman.

After Taking Nearly $100K From Private Prison Industry, Rick Perry Pushed Prison Health Privatization

Last year, when Texas Gov. Rick Perry (R) ran for re-election, the private prisons industry gave Perry tens of thousands of dollars in campaign donations. Perhaps that explains why he suddenly developed a passionate desire to privatize Texas’ state prison health system after his campaign was over:

[Corrections Corporation of America lobbyist Michael] Toomey, who had not contributed directly to any of the Governor’s previous gubernatorial campaigns, opened up his wallet for two separate $10,000 donations to Perry two months before Election Day in 2010. Thomas Beasley, the founder of CCA, has given $17,000 to Perry’s campaigns over the last decade. Another private prison firm, the GEO Group, poured $15,000 into Perry’s 2010 reelection effort in 2010 through its eponymous political action committee. Luis Gonzalez, a GEO Group lobbyist, meanwhile, gave $50,000 to Perry’s reelection bid.

Perry first floated the health care privatization proposal in his 2011 budget, which noted: “The Governor’s budget recommends canceling necessary contracts early to explore private sector delivery options, or instructing the state-supported institution to provide correctional care according to the constitutional minimum level.” Mike Ward of the Austin American-Statesman reported that Perry adviser Mike Morrissey held a closed-door meeting in March to discuss the privatization proposal with potential vendors—but not, pointedly, the state university-operated facilities that currently run things.

Perry’s privatization plan eventually died in Texas’ overwhelmingly Republican state legislature because, in the words of Republican State Rep. Jerry Madden “[t]here was no evidence that it could be done cheaper.”

Despite this fact, Perry is just one of several right-wing state governors with cozy ties to the prisons-for-profit industry. Two of Arizona Gov. Jan Brewer’s (R) most senior aides are current or former lobbyists for private prisons, and this industry stands to earn a windfall off the anti-immigrant SB 1070 law that Brewer recently signed. Florida Gov. Rick Scott (R) turned over $600 million in corrections funding to the private prison industry after one private prisons company doled out hundreds of thousands of dollars to Scott and the Florida GOP. And Ohio Gov. John Kasich (R) plans to sell five of its prisons to a private company. Meanwhile, the private prisons industry has spent millions to lobby state lawmakers to make criminal laws harsher in order to drive up their profits.

Yet while private prisons are having no trouble getting the attention of GOP lawmakers, they aren’t actually very good at running correctional facilities. A study of Arizona’s prison system found that private prisons cost more than their government-run counterparts, despite the fact that they typically steer clear of the costliest inmates.

NEWS FLASH

Obama Justice Department Cracks Down On Abortion Protesters | NPR reports that the Obama Justice Department is taking a tougher stance on protesters who block access to abortion clinics. Using a 1994 law, the Freedom of Access to Clinic Entrances Act or FACE Act, DOJ’s civil rights division has filed eight civil cases since January 2009. That’s a substantial increase over the George W. Bush administration, which filed just one such case in eight years. These civil lawsuits “seek to create buffer zones around clinic entrances for people who have blocked access in the past.” DOJ and the FBI have also been doing outreach to abortion rights groups and medical providers around the country to explain their work and talk about a federal task force designed to prevent violence against doctors and women seeking abortions.

In Same District Where Rep. Gabrielle Giffords Was Shot, GOP Auctioning Off A Glock .45 At Fundraiser

The Pima County GOP — which is in the same district where Rep. Gabrielle Giffords (D-AZ) was shot early this year — is holding a very insensitive fundraiser this week. The party is holding a raffle fundraiser, and the prize is a Glock handgun, the same category of weapon that was used to shoot Giffords:

As the Huffington Post’s Alex Brant-Zawadzki notes, “With 125 tickets, at $10 a ticket, the [Pima County Republican Party] could pull in a cool $1,250″ with the off-color fundraiser.

Update

A reader notes that the gun in the picture is a .40 caliber Glock model 23, which can retail for as much as $500.

NEWS FLASH

South Carolina Will Offer One Day Of Free Rides To DMV For Those Without Voter IDs | South Carolina Gov. Nikki Haley (R) announced yesterday that the state will provide free rides to Department of Motor Vehicle offices for those who do not have valid forms of voter identification, following through on a promise she made nearly two months ago. After Haley’s original promise, she came under fire when state Democrats circulated the story of a 76-year-old black Army veteran who had called her office looking for a ride, only to be turned away. When Haley originally made the promise, ThinkProgress calculated it would take more than seven years for her to provide rides to the 178,000 voters without ID. Should a large amount of those without ID request rides, the state plans to tap into other agencies to help transport them to DMV locations.

Justiceline: September 1, 2011

Trans Veteran Autumn Sandeen joins others in protesting Don't Ask, Don't Tell at the White House

Welcome to Justiceline, ThinkProgress Justice’s morning round-up of the latest legal news and developments. Remember to follow us on Twitter at @TPJustice.

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