Former Bush-appointed judge definitively debunks Matheson smear
March 18, 2010 10:29 pm ET by Adam Shah
Fox News personalities and other right-wing media figures have been baselessly claiming or suggesting that the Obama administration bribed Rep. Jim Matheson by nominating his brother Scott to a seat on the federal judiciary. Fox News senior judicial analyst Andrew Napolitano even declared it might be illegal for Rep. Matheson to vote for health care reform. Those claims were always extremely dubious, and a spokesman for Republican Sen. Robert Bennett said: "Sen. Bennett has heard of all kinds of pressure being applied and offers being made to Democrats for votes on health care, but Scott Matheson's nomination is not one of those because it has been in the works for a long time."
But now the claim has been definitively debunked by former Judge Michael McConnell -- an appointee of former President Bush -- who last occupied the seat for which Scott Matheson has been named. Referring to the claim that Scott Matheson was picked in order to change Rep. Matheson's vote, McConnell wrote: "From my personal knowledge, this speculation cannot be true." From McConnell's March 18 Salt Lake City Tribune letter to the editor:
News that University of Utah law professor Scott Matheson Jr. has been nominated to the U.S. Court of Appeals has been marred by speculation that the nomination is an attempt to suborn the vote of his brother, Rep. Jim Matheson, in favor of the Obama administration's health care proposal. From my personal knowledge, this speculation cannot be true.
As the former occupant of the judicial position to which Matheson has been named, I was consulted in August 2001 [sic] by the White House Counsel's office to discuss potential nominees. It was clear Matheson was the leading contender.
The decision to nominate Matheson must have been made by mid-October, because in mid-January 2010 I received a call from the American Bar Association committee investigating him. Because of the need for a thorough FBI check, it takes approximately three months from the date the White House decides on a judicial nominee before the ABA can do its work. On Nov. 7, the House of Representatives passed the health care bill, with Rep. Matheson voting "nay."
McConnell added: "Evidently, President Barack Obama nominated Matheson, who has superb credentials and excellent character, for the position despite the politics of health care, not because of it."
And McConnell is not just any run-of-the-mill Bush appointee. He was widely rumored to be on Bush's short list for a Supreme Court nomination in 2005. And WorldNetDaily's Joseph Farah said that McConnell would be an "excellent choice" for the Supreme Court.
From 6/9/09, before there were ANY hints that Obama might have any difficult reining in the herd of cats we call Democrats.
He's the son of a governor and the brother of a congressman. Now Scott Matheson Jr. wants to add a new title to the legacy of this Utah dynasty.
Matheson is interested in becoming the newest judge on the 10th Circuit Court of Appeals.
"I would be honored to have an opportunity to serve, but it is very early and we will have to see how it all plays out," said Matheson, who is also a University of Utah law professor.
A slot - expected to be filled by a Utahn - will be available at the end of August, when Judge Michael McConnell, who teaches law at the University of Utah, officially will resign.
Naming a replacement won't happen fast. It may take President Barack Obama months to nominate someone. But Matheson already has let the White House and Utah's senators know he would like to be considered.
When people opt to accept something as an article of faith, as opposed to "knowing" it as a matter of fact, no amount of accurate information will cause them to alter their belief. They'll simply find a way to incorporate the new information into the narrative of their article of faith. Why? Because they're irrational.