Grand jury feud reaches Court
on Nov 27, 2006 at 3:44 pm
UPDATE: Tuesday Nov. 28, P.M.:
Senator Fumo’s redacted petition was filed as In re Grand Jury (06-727). The petition names U.S. District Judge Legrome D. Davis as the judge the senator sought to remove as supervising judge of the federal grand jury. Judge Davis denied the recusal motion, and the Third Circuit Court affirmed that denial.
Pennsylvania state senator’s running feud with the judge in charge of a federal grand jury probe of the senator reached the Supreme Court Monday, as the Justices allowed the filing of a partially sealed appeal. In a brief order (docket 06M48), the Court permitted Sen. Vincent J. Fumo, a Democrat, to file a public and a sealed version of his appeal.
The motion to file under seal said that the senator had unsuccessfully sought the recusal of the supervising judge of a grand jury sitting in Philadelphia. His challenge to the unnamed judge, the motion said, “demonstrated a clear and indisputable record of a 15-year-long history of a bitter, personal and very public conflict between Senator Fumo and the Supervising Judge.”
That judge, the motion added, refused on July 13 to recuse, and the Third Circuit Court on Aug. 24 denied a writ of mandamus to force the judge off the case.
Although the motion did not disclose what the jury is investigating, local news accounts have said that Fumo was the target of an inquiry into solicitation of contributions to a South Philadelphia charity, the Citizens’ Alliance. Local stories have suggested that Fumo believes he and his aides believe there is a sustained campaign to “bring him down.” In June, two of the senator’s aides were indicted on charges of deleting evidence during the investigation.
Under the Supreme Court’s order Monday, Fumo’s lawyers will be allowed to file a public copy of their petition and, under seal, a redacted copy with full details of the controversy. The public petition is not yet available.
