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Judge Ed Chen Testifies Before Senate Judiciary Committee

Magistrate Judge Ed Chen testified before the Senate Judiciary Committee recently.  Judge Chen was recently nominated by Pres. Obama to a federal district bench in the Northern District of California, which includes the Bay Area.  Amazingly enough, the Bay Area has never had an Asian American federal judge, despite its historically large APA population.  As you can see in the YouTube clip, Judge Chen is likely to become the first, judging from the largely softball questions from both Republicans and Democrats on the Committee.

Not only would Judge Chen add an APA presence to the federal bench, but before he was appointed as a federal magistrate judge in 2001, he was a staff attorney with the ACLU for 16 years.  Judge Chen also was part of the famous legal team led by Dale Minami that got Fred Korematsu's original conviction overturned (Korematsu was the central figure in the infamous Supreme Court case Korematsu v. US that upheld the internment of Japanese Americans based on race - an opinion which has never actually been overturned).  Many court observers have noted that the federal bench is comprised largely of lawyers with big firm or corporate backgrounds or former prosecutors.  Few public interest or criminal defense attorneys get appointed to the bench, which results in a major dearth of judges with experience with middle or lower income litigants and the legal issues they commonly encounter.  Now most judges work very hard and are largely successful in moving beyond their own personal biases or perspectives, but even those who try hardest to be objective will tell you that it makes a world of difference in evaluating evidence, witnesses, and facts if you lack any background knowledge or familiarity with a certain part of the world, or if your experience as a lawyer was always on the same side of the same types of cases.

As Asian Americans, we can celebrate Judge Chen's groundbreaking nomination in a critical area of our democracy.  As progressives, we can also celebrate the much-needed addition of a judge who knows and understands how legal problems can affect the lives of ordinary Americans, not just big corporations.

Your rating: None Average: 3.7 (6 votes)

Anonymous (not verified) on Fri, 10/09/2009 - 14:30

I can't express my gratitude enough to all of you.  I have had such awful feeling stuck in my throat for so long, but nowhere can I find justice.  If not for your help I would be fighting the lost cause, and most likely lose our case in the Ninth Circuit Appeals Court.
Thank you expecially for your directing and drafting.  You express our struggle and pain much better than I could have.
I have faxed the complaint of judicial misconduct and statement of facts to the Senate Judiciary Committee, and will be mailing six copies to the Ninth Circuit.  Thank.........you.

Anonymous (not verified) on Fri, 10/09/2009 - 14:31

Edward Chen represents the worst of Injustice. He sells himself as from a poor family son ready to do justice, yet he prey on a weak and powerless to climb up the social ladder for his personal gain.

This is not a campaign against Chen personally, but for Justice.

Always remember, Justice does not fear Injustice, Justice has always prevailed and will continue to prevail.

Those Senators providing cover for Chen, what are they afraid of? The TRUTH? If that's the case, they are inviting insult on their own dignity.

So, ask the Democrats to back away from their party line. The Rule of Law and Justice outweighs any partisan considerations. There is a greater issue at hand: whether the judicial branch can uphold the principle of Equal Justice under Law, and the judicial branch is run by individual judges.

Anonymous Coward (not verified) on Fri, 10/09/2009 - 23:39

Judge Ed Chen is a disgrace to the Asian race.

friend of litigant (not verified) on Thu, 10/22/2009 - 12:38

Did Magistrate Judge Edward Chen commit fraud ?


Yes, Edward Chen committed fraud not recusing himself from the case (3:07-cv-04005-EMC). Mr. Chen graduated from a law school of U.C. Berkeley and  has financial and non-financial ties with U.C. Berkeley all the time. In the case 3:07-cv-04005-EMC,  U.C. Berkeley  was defendant.  He never disclosed his associations with the defendant Berkeley and completely sided on Defendant. He disallowed Pro se plaintiff to do any discovery without his order. He contradicted  himself by stating that plaintiff did not bring any evident. He clearly know what he did and what his purpose is. He recklessly deprived plaintiffs Due Process rights of the Constitution and sided with the rich and powerful for his stepping stone. It is clearly that he does not uphold the laws or the Constitution for people.

Anonymous Coward (not verified) on Fri, 10/30/2009 - 22:24

Another Radical Surfaces in White House

Wednesday, October 28, 2009
By Sean Hannity

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The news that is not White House approved...

Here We Go Again...

The revolving door of radicals coming into the Obama administration continues to spin. The latest Obama nominee to draw fire is Judge Edward Chen, who has been nominated to serve as a U.S. District Court judge in Northern California.

Chen's comments over the years have been so controversial that The Washington Times recently called him "another Obama nominee who doesn't appear to love America."

For example, he's no fan of the song "America the Beautiful," because he said, "Sometimes I cannot help but feel that there are too much [sic] injustice and too many inequalities that prevent far too many Americans from enjoying the beauty extolled in that anthem."

And just a few days removed from 9/11, Chen said one of his first reactions to the 9/11 attacks was a "sickening feeling in my stomach about what might happen to race relations and religious tolerance on our own soil."

That's funny, my first reaction was to think about the thousands of innocent civilians that were murdered on that day.

Judge Chen should not be confirmed by the U.S. Senate.

Anonymous Coward (not verified) on Fri, 10/30/2009 - 22:25

The analysis fails to see the true face of Chen: a crooked person full of resentment of his own race. Such an individual needs to see a psychologist. He can't take the responsibility of the judge, who is supposed to sit high and think about the big things-- The Rule of Law.

If Chen becomes a federal judge, all he will do is to swindle that position for whatever ulterior motives

Pat Cuviello (not verified) on Tue, 12/29/2009 - 13:50

I am a pro se litigant and many of my motions have been put before Judge Chen. While I don't always agree with his decisions I find Judge Chen to be a thoughtful judge. I think he will make a good Federal Judge.

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