DON ADAMS UPDATE: Third Circuit Asked to Recuse Itself in Suit Against Rendell

Gura & Day, LLC | 12/9/2004 | Trey Mayfield, Esq.

[Physicist]

GURA & DAY, L.L.C.

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EMBARGO UNTIL 12/9/04

CONTACT: Trey Mayfield, Esq., 703.###.####

 

THIRD CIRCUIT ASKED TO RECUSE ITSELF IN SUIT AGAINST RENDELL

 

Philadelphia – Appellants in the federal civil suit, Adams et al., v. Teamsters Local 115, Rendell, et al., have announced today the filing of a highly unusual motion requesting that the U. S. Court of Appeals for the Third Circuit recuse itself from presiding over the case due to potential conflicts arising from the spousal relationship of one of its members, the Honorable Marjorie Rendell, to one of the defendants, Governor Ed Rendell.

While it is more common to ask an individual judge to remove himself from a case due to a possible conflict of interest, such requests of a court’s entire membership are extremely rare.

The suit stems from an October 2, 1998 Presidential visit to Philadelphia, during which Clinton protestors Don Adams and Teri Adams were viciously attacked by members of Teamsters Local 115, outside City Hall, at the direction of union leader John Morris. The assault, recorded by news cameras, eventually led to the convictions of five Teamsters. Morris was never charged.

The Teamsters, through Morris, had been invited to town that day by then-Mayor Ed Rendell, who was organizing a rally to bolster Clinton’s scandal-ridden presidency. Mr. Rendell has admitted to instructing Morris to "drown-out" Clinton protestors.

The Adamses (appellants) are asserting their civil rights were violated by the Teamsters and Morris at the behest of Mr. Rendell, whose wife, Judge Midge Rendell, sits on the Third Circuit.

The appellants’ motion maintains that, “this instant appeal presents the highly unusual circumstance of the spouse of a member of this Court being personally accused of egregious wrongdoing. The primary issue is whether that spouse, Mr. Rendell, who now happens to be Governor of Pennsylvania, can be held liable for his conduct under federal civil rights laws.”

The Adamses contend Mr. Rendell intentionally engaged in outrageous violations of their civil rights, including the suppression of their First Amendment rights at the rally and interfering in the subsequent police investigation of the attack, which resulted in Don Adams falsely being charged by District Attorney Lynne Abraham.

In a strange twist, Mr. Adams, a victim in the assault, has been the only individual to stand trial in the entire matter. He was subsequently found not guilty.

“This is not a run-of-the-mill case in which a high political official is being sued merely for actions in his professional capacity, but rather, one in which the official is being sued for actions taken in furtherance of his own personal political well-being,” states the Motion.

While the Court’s integrity is not in question, “[i]n this case, a reasonable individual is unlikely to believe that members of this Court can impartially weigh the fate of a colleague’s spouse. The average person would be given pause by the prospect of one sitting in judgment over another with whom he enjoys a social relationship.”

If the appellants' motion is granted, the Chief Justice of the U. S. Supreme Court would appoint a panel of judges from outside the Third Circuit to hear the case.

#   #   #

[Physicist]

This is a press release that was distributed yesterday by Gura and Day, who are representing Don and Teri Adams. Such legal representation does not come cheap, and since Don and Teri are too modest to ask for your assistance, I do it on their behalf. When this case came to a critical pass this past February, Freeper donations made the difference between perseverence and surrender. Any small donation would be greatly appreciated. Donations can be sent to:

The Adams Legal Defense Fund
P.O. Box 306,
Cheltenham, PA 19012

I decided to leave out the phone numbers for Gura & Day, LLC, so as not to encourage idle harrassment, but if you'd like to contact them regarding this case, kindly drop me a Freepmail and I will supply them.

I will post the text of yesterday's motion as soon as I can get my hands on it.

---

Recent articles:

Don Adams Update: Urgent Help Needed on Appeal

Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs

Summary of the 8/6/2003 Don Adams Decision, U.S. District Court

Anti-Clinton Protesters Lose in Suit Against Rendell

---

REMEDIAL SECTION:

Who-what-where:

There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.

In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.

(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. One famous result was that it prompted Jim Robinson to call for a march on Washington, DC, which drew around 4000 people on October 31, 1998, to demand Clinton's impeachment.)

The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.

In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.

The civil phase has been lurching along slowly since the end of the criminal phase.

Why you should care:

It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.

Would YOU be up to it?

---

LINKS:

The Don Adams Page is now defunct, but a version of it remains cached on archive.org (Warning: slow to load).

Civil Case:

My Affadavit For The Don Adams Civil Case

My Subpoena From Teamsters Local 115 (Don Adams Case)

Rendell Threatens to Walk During Deposition

Johnny Morris criminal case:

Court KOs Activist in Fight with Morris [DON ADAMS UPDATE]

DON ADAMS PRESS RELEASE: Criminal Complaint Against Teamster Leader John Morris Dropped

Davis, Hopkins, Bottomer criminal case:

Teamster Trio To Be Sentenced Today For Beating Clinton Protesters

Teamsters Sentenced to Probation in Adams Beating Case

3 Teamsters are Sentenced for Roughing Up Protester

McNulty and Nardone criminal case:

Pretrial hearing of Kevin McNulty and Marc Nardone, on February 10, 1999. Part 1  Part 2  Part 3  Part 4

[Vermonter]

GO DON!

Thanks for posting the update

[Physicist]

Don Adams ping.

I know some of you have asked in past months about the progress of the case, and I haven't answered. That's partly because I wasn't sure how much latitude I had to discuss it, and partly because I wasn't aware of any progress. I hope we are now all up to speed.

Thank you all for your support of Don and Teri. It means so much to them, I can't even tell you.

[Deadeye Division]

bttt

[JulieRNR21]

Lately, I've been wondering what was happening with Teri & Don. Then I just on FR and saw your ping.

As in the past, I will be making a contribution to the Adams Legal Defense Fund.

I believe that Teri & Don's case is important for all who wish to exercise their First Amendment Rights. Therefore I am pleased to hear that they are continuing the fight.

May God Bless them and grant them the strength needed to persevere in the pursuit of justice!

[BillF]

Is there a way to donate online?

I'll send a contribution, regardless.

[ElkGroveDan]

[Elle Bee]

Let's not forget the virtual malpractice of that 'Al Sharpton with a law degree' ..... Larry Klayman & Judicial Watch

.

[longshadow]

bttt

[BillF]

Ping for Don and Teri Adams.

[martin_fierro]

Hear, hear.

[JulieRNR21]

Freeper FRiends.......Please read this thread and consider helping the Adams Legal Defense Fund.

Their fight is important to all Freepers who wish to exercise their First Amendment Rights!

If you are able, please help them continue their Fight for Justice.........PING

[tgslTakoma]

Ping!!

[Tribune7]

ping

[bjs1779]

It will mean that the men in power can silence us at will, without serious consequences.

No, not in this country. Remember?

[Theo]

You can update your link to the "Don Adams Page" -- several months ago I had made that webpage available again:

http://www.ijot.com/DonAdams/

Thanks for keeping us up to date.

Ted.

[DeSoto]

Thanks for the update. I hope that the world (ie. corrupt Democraps) stops kicking around Teri and Don soon. I miss having Teri around on FR and hope that justice will finally prevail soon so she can return.

I wish that I could contribute financially, but after attorneys have had their way with me it is now impossible. I can and will say prayers and keep my fingers crossed as well.

[Physicist]

Is there a way to donate online?

Unfortunately, there's not. I'll bet the convenience of that would make a big impact on the number of donations. Effort is a dearer cost to most people than mere dollars.

Therefore, thanks for your contribution and your time!

[Physicist]

D'oh! I even knew that. In my rush to get this out, I simply cut and pasted my material from the last thread. I should have reviewed it more carefully.

Thanks for making it available, and sorry for not mentioning it in the post!

[Theo]

If any of the video of the attack is available in digital format, I can make that available from that site as well. If there's only VHS/miniDV/etc. available, I could digitize that and make that available if that would prove beneficial in any way.

Teri had send me a VHS years ago, and I made the videos available then, but I've lost both the QuickTime files and VHS.... :-(

[Physicist]

I have a digitized video, but it's huge (hundreds of MB), and I have no way of getting it to you. I had a VHS video, but the Teamsters subpoenaed it away from me.

[GOPJ]

Thanks for the ping.

[jellybean]

Bump for Teri and Don.

[M Kehoe]

Wow. The whole 3rd circuit court? The one with Gov. Ed Rendell's wife? The 'honorable' Marjorie Rendell?

Whoda thunk it? Not us one tooth, bed your sister kinda rednecks. In pajamas. Heck, we can barely spell conspiracy, let alone obstruction of justice.

To the Gov. of PA, Ed Rendell: Ya know Ed, suppressing the military's absentee ballots again just bought you too much bad karma. I guess it's time for you and the head of the local teamsters to go down.

Bye bye a$$holes.

Do we need to send more money to Don and Terri?

5.56mm

[M Kehoe]

Good evening. Many of you know this story of Don And Teri Adams. Maybe some of you don't. I would like more of FR to be aware of how the judiciary exercises power in our country. Seems like it is getting out of control.

Would ya'all be so kind as to ping your lists?

Thank you.

5.56mm

[amom]

Thanks for the heads up, update, the address to send a little help to. It'll be my great pleasure to contribute again. My best to Don and Teri.

[Alamo-Girl]

Thanks for the ping!

[backhoe]

From my old "Donadams" file:

http://web.archive.org/web/200 00614012750/http://www.ijot.co m/DonAdams/index.htm

http://web.archive.org/web/*/h ttp://ijot.com/DonAdams/index. htm

Teamster Trio To Be Sentenced Today For Beating Clinton ...
... and conspiracy, for the October 2, 1998, mob beating of Clinton protestors Don
Adams, and his sister, Teri Adams, during a presidential fundraising trip to ...

Thank You Rush Limbaugh (Rush discussed Don Adams,John Morris ...
... Thank You Rush Limbaugh (Rush discussed Don Adams,John Morris, Freepers&Fund'sWSJ
11-26 Article)!! Crime/Corruption Announcement Keywords: LIMBAUGH,ADAMS,MORRIS ...

Three More Teamsters Plead Guilty In Don Adams Case [Free ...
... Three More Teamsters Plead Guilty In Don Adams Case Crime/Corruption News Source:
Self Author: Teri Adams Posted on 09/12/2000 12:12:17 PDT by TAdams8591. ...

Three MoreTeamsters Plead Guilty in Don Adams Case,Thread 2! ...
... Three MoreTeamsters Plead Guilty in Don Adams Case,Thread 2!! Crime/Corruption News
Keywords: ADAMS,TEAMSTERS, JOHN MORRIS Source: Self Author: DonAdams Posted ...

Bill & Hill's Pal Union Boss Arthur A. Coia Forced To ...
... The Don Adams Defense Fund. PO Box 306. Cheltenham, PA 19012. 11 Posted
on 10/01/1999 20:13:47 PDT by po'boy [ Reply | To 8 | Top | Last ] ...

Last of the Molly Maguires (ATTENTION!! re:The Man who had ...
... Last of the Molly Maguires (ATTENTION!! re:The Man who had Don Adams Assaulted--TAdams8591)
Crime/Corruption News Keywords: JOHN MORRIS, DON ADAMS Source: Time ...

Of Guns and Goons [Free Republic]
... Teamster beatings at the anti-Clinton rally was to press assault charges against
Don Adams, one of the protesters who was beaten up; Mr. Adams ultimately was ...

[snopercod]

Thanks for the ping. I hadn't realized that Don and Terri were still pursuing this.

[backhoe]

I have a digitized video, but it's huge (hundreds of MB), and I have no way of getting it to you.

Pictures convey the awfullness of this attack far better than words.

This could be any of us:

Physicist, if there is any way you could place a copy of what you have in the hands of someone who could get it ( or the most telling parts of it ) on the web, many would see, and be convinced, of the wrongness of this affair.

( photos [ thx, Theo! ] from: http://www.freerepublic.com/focus/f-news/1085627/posts )

[PGalt]

Thanks for the ping, update.

[DoctorMichael]

To borrow a line from the Lefty Loonies:

A People UNITED, can NEVER be DEFEATED!

$25-Donation-in-the-mail-'For-Great-Justice'-against-the-Klintoon-thugs Bump!

[Physicist]

Thank you, my friend! It's the most effective place to put your political dollars since the Swift Boat Veterans for Truth.

[DoctorMichael]

No problem! $ well spent.

Bttt

[GEC]

Thanks for the update ping!

[Theo]

If you're able to send me a CD or DVD with the file(s) on it, I could edit/optimize those and make them available online. I've got the tools to bring the filesize down and convert it to various formats. I'd be happy to send some money via PayPal to cover costs of the media and shipping.

This photos are helpful -- perhaps sufficient? Would having video available online help the case at all (letting "common" people *see* what happened, perhaps letting "decision makers" in the case really *see* what happened)? Or would it be a waste of our efforts, or even adversely affect the case?

[Conservative til I die]

I've always hated union scumbags (i.e., almost all union members in the US) and always will.

[backhoe]

Would having video available online help the case at all (letting "common" people *see* what happened, perhaps letting "decision makers" in the case really *see* what happened)? Or would it be a waste of our efforts, or even adversely affect the case?

I had not actually considered the possible ramifications to a pending court case. It is worth bearing in mind, and perhaps one of our lawyers will weigh in.

I suspect that if the video has been made public- as in a newscast- it can be shown again-- but a legal opinion would be welcome.

That said, pictures- especially moving pictures with sound- are very compelling, and would probably sway a lot of people who saw them.

[IncPen]

Thanks for the ping... please keep us posted

[roamincadillac]

As a resident of the Keystone State, nuthin' would please me more than to see Fast Eddie locked up for all of his foul transgressions, most recently his attempt to disenfranchise the PA residents currently serving in the ME, not to mention his lead foot on the turnpike. (Keystoners know what I'm talkin' about.)

[Victoria Delsoul]

Thanks for the update.

[anymouse]

Physicist,

Thanks for keeping FReepers informed of progress in Don and Teri's case.

[JulieRNR21]

From Physicist:


This is a press release that was distributed yesterday by Gura and Day, who are representing Don and Teri Adams. Such legal representation does not come cheap, and since Don and Teri are too modest to ask for your assistance, I do it on their behalf. When this case came to a critical pass this past February, Freeper donations made the difference between perseverence and surrender. Any small donation would be greatly appreciated. Donations can be sent to:


The Adams Legal Defense Fund
P.O. Box 306,
Cheltenham, PA 19012

[RaceBannon]

major bump!

[JulieRNR21]

Saturday Night...............BUMP

[prisoner6]

Thanks for the update...I've been wondering about Don and Terri recently.

prisoner6

[philman_36]

Thanks for the very interesting update. The outcome of this move should be interesting.
Wrong time/season to be asking for donations. I've got other financial priorities which have to come first...sorry I simply can't help now.
Wish 'em luck for me.

[rface]

bump for later

[queenkathy]

Ping

[exit82]

Physicist--thank you for the ping. We are still very interested in Don and Teri's progress toward justice.

Please convey to them that there are still those out there that care very much about them and that appreciate all they have had to endure for the last six years plus.

May God bless them, and bless you too, for being such a good friend. And may He be their protector and shield in the pursuit of justice for them.