Dallas Voice (Dallas, Tex.), Vol. 28, No. 21, Ed. 1 Friday, October 7, 2011 Page: 23 of 68
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NOMINEE, From Previous Page
been an activist in one area or another disqual-
ifies anyone from ascending to the bench
But Lee said it was the committee's duty to
make sure nominees "know the difference be-
tween advocacy and jurisprudence" and will
"not engage in any kind of political activism
while on the bench."
He asked how Fitzgerald's prior advocacy
would affect him on the bench.
"Sir, I don't believe that it would have any
influence on my service as a federal judge,"
said Fitzgerald. "I would not bring any per-
sonal or political views to bear on any of the
cases that I determined as a United States dis-
He also said he is aware of the necessity to
recuse himself not only when he personally be-
lieved there might be a conflict of interest but
also when a "reasonable onlooker" might think
Fitzgerald indicates that he did not serve in
the military "because men born between
March 29,1957, and Dec. 31,1959, were not re-
quired to register."
He earned an A.B. magna cum laude from
Harvard University in 1981 and graduated
from the Berkeley School of Law in 1985. He
clerked for 2nd Circuit U.S. Court of Appeals
Judge Irving Kaufman and worked three years
in the criminal division of the U.S. Attorney's
Office in Los Angeles.
The Senate Judiciary Committee's ranking
members, including the ranking member
Charles Grassley, R-Iowa, were not present.
Nor was ranking majority member Patrick
Republican Sen. Lee noted 85 percent of
President Obama's judicial nominees have
been approved and that was "comparatively
generous treatment" of nominees by the Re-
Acting Chairman Durbin quickly noted that
Senate Majority Leader Harry Reid had needed
to call for a forced vote (cloture) to try and put the
nominations of 25 of those nominees on the floor.
Senators on the committee have a week to
submit additional questions to the nominees in
writing. The committee could vote on Fitzger-
ald's nomination within a few weeks. ■
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Nash, Tammye. Dallas Voice (Dallas, Tex.), Vol. 28, No. 21, Ed. 1 Friday, October 7, 2011, newspaper, October 7, 2011; Dallas, Texas. (digital.library.unt.edu/ark:/67531/metapth239188/m1/23/: accessed February 21, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Special Collections.