What's Up With That Third Circuit Seat?
Back in December, we suggested that Judge Noel Hillman (D.N.J.) was probably going to be nominated to the Third Circuit. We wrote: "[N]ominating Judge Hillman to the court of appeals actually makes political sense for the White House -- especially in its current, weakened state.... Picking a nominee who made it through the Senate just a few months ago would be a shrewd move. Since the two New Jersey senators supported Hillman for the district court, it would be awkward for them to oppose him for the circuit court now."
But things appear to have changed. From the Newark Star-Ledger:
In an abrupt about-face, President Bush has decided against nominating Noel Hillman, a veteran prosecutor and now federal judge in Camden, to the seat on the 3d U.S. Circuit Court of Appeals that was held by Supreme Court Justice Samuel Alito Jr....Hillman confirmed the news. He said the speculation about his possible elevation to the court of appeals was "flattering," adding he now has "every confidence that our president will choose someone for the current vacancy worthy of his trust, worthy of the position, and worthy of Senate confirmation."
Some questions for our readers:
1. What's behind the White House's change of heart? Was it, as suggested by the Star-Ledger, concern "that Hillman's Senate confirmation hearing could become an inquisition into the behind-the-scenes operations of the Justice Department"? Or is there something more here, perhaps specific to Judge Hillman?(If the White House is worried about Hillman hearings turning into another fishing expedition into the DOJ, we can hardly blame them. After all, look at all the dirty laundry that got aired when former Deputy Attorney General James Comey testified yesterday. What a mess!)
2. Now that Judge Hillman is out of the running, who is likely to get the nod?
Please send us your tips by email (subject line: "Third Circuit"). Thanks.
The Auditor [Newark Star-Ledger via NJ.com]
President Intervened in Dispute Over Eavesdropping [New York Times]
Earlier: A Third Circuit Update










Comments
Howard Bashman just got a boner.
Posted by: Anonymous | May 16, 2007 01:33 PM
I doubt this has anything to do with Noel Hillman, who has an excellent reputation. It's just politics, that's all.
Hillman is young (51). He will probably get elevated to the Third Circuit eventually (if the Republicans retake the White House in the next ten yars or so).
Posted by: Anonymous | May 16, 2007 01:34 PM
Even though the rest of us see NJ as one dirty state with a turnpike, there's actually a big north/south political divide. I know the politicians in the South (defined for these purposes as Trenton on down) have long griped that they're owed a 3d Circuit appointment. (All 3 active NJ judges are from the North, with the 2 senior ones being south.) That could have gotten in the way.
Posted by: Anonymous | May 16, 2007 02:03 PM
Now I'm stroking it, feels so good...
Posted by: Ho-Bash | May 16, 2007 02:04 PM
Noel Hillman was head of the Department of Justice's Office of Public Integrity, which handled the Jack Abramoff probe and all of the corruption probes.
Posted by: Anonymous | May 16, 2007 02:06 PM
1:33, it'll be short lived, once he realizes that this is about a NJ seat.
2:04, ewwwww
Posted by: Anonymous | May 16, 2007 02:22 PM
Yep. He was. And then he was approached by the administration to take a chillax on ol' Jack and seat on the bench instead... How sad...
Posted by: Anonymous | May 16, 2007 02:24 PM
Go Ron GO!!!!!
RON HEDGES for 3rd. Cir.
Posted by: Anonymous | May 16, 2007 02:27 PM
2:03, you're correct re: N/S Jersey divide as a factor -- but Hillman sits in Camden (in the South) and would be only current CA3 judge w/ that duty station. So that's working in his favor, if southern political forces are weighing in.
I think it might have more to do w/ reluctance to appoint frmr DOJ heavyweight in this climate. But who knows?
Months ago, Lat/UTR reported Jerry Simandle as a 3CA possibility. He's a DNJ judge in Camden, Bush I nominee, spent yrs as a magistrate, non-political. I always thought he'd be an swift confirm.
Posted by: Jerseyite | May 16, 2007 04:07 PM
Ron Hedges for the 3rd. Cir.!!!
Posted by: Anonymous | May 16, 2007 04:10 PM
2:03, you're correct re: N/S Jersey divide as a factor -- but Hillman sits in Camden (in the South) and would be only current CA3 judge w/ that duty station. So that's working in his favor, if southern political forces are weighing in.
I think it might have more to do w/ reluctance to appoint frmr DOJ heavyweight in this climate. But who knows?
Months ago, Lat/UTR reported Jerry Simandle as a 3CA possibility. He's a DNJ judge in Camden, Bush I nominee, spent yrs as a magistrate, non-political. I always thought he'd be an swift confirm.
Posted by: Jerseyite | May 16, 2007 04:10 PM
Are circuit court seats necessarily assigned by state, or is it just customany? I have always been under the impression that it's the latter.
Posted by: Anonymous | May 16, 2007 04:13 PM
good call, 4:10, and thanks for the politeness of your benchslap. Saw Seton Hall and jumped to conclusions. And it is customary, tending to be followed more strictly in a circuit with less seats (noncompliance it a very good way to piss off two senators forever and they do have the unwritten silver bullet to prevent any nomination for years, ala Jesse Helms)
Posted by: Anonymous | May 16, 2007 04:34 PM
What about relatively new District Judge Renee Bumb? She is young, smart, in the south, and not "tainted" by Main Justice problems (was in the USAO-NJ, but no DC stint like Hillman).
Posted by: Anonymous | May 16, 2007 04:42 PM
4:42: Nice try Renee, get back to work!
Posted by: Jersey 4 Hedges | May 16, 2007 04:48 PM
4:13, it's customary. Presidents usually don't break with this custom without some explanation for it.
Posted by: Anonymous | May 16, 2007 08:00 PM
To build on what 2:06 (yesterday) wrote, Hillman was Chief of the Criminal Division's Public Integrity Section at DOJ. The Post reported three weeks ago that the Abramoff task force had begun an investigation into whether former Criminal Division deputy Chief of Staff Robert Coughlin had sought or received improper benefits from Abramoff colleague Kevin Ring. Coughlin resigned on April 6, and is only the second DOJ lawyer to have his name publicly come up in the Abramoff probe. Maybe details on this would have arisen in Hillman confirmation hearings.
Posted by: Anonymous | May 17, 2007 03:53 PM