1 UNITED STATES JUSTICE FOUNDATION
GARY G. KREEP (SBN 066482)
2 RICHARD D. ACKERMAN (SBN 171900)
2091 East Valley Parkway, Suite 1-C
3 Escondido, California 92027
Tel: (760) 741-8086
4 Fax: (760) 741-9548
5 Attorneys for Plaintiff
PATRICK J. MANSHARDT
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UNITED STATES DISTRICT COURT
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FOR THE CE NTR AL D ISTRICT O F CA LIFO RNIA
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PATRICK J. MANSHARDT, ) Case No. 02-4484 AHM(CWx)
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Plaintiff, COMPLAINT FOR PRELIMINARY
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v. AND PERMANENT INJUNCTIVE
) RELIEF AND DECLARATORY
13 FEDERAL JUDICIAL QUALIFICATIONS ) RELIEF
COMMITTEE, GERALD PARSKY, )
14 DIANNE FEINSTEIN, and BARBARA )
BOXER, )
15 DATE:
TIME:
)
Defendants.
16 DEPT:
) TRIAL: None Set
)
17 Plaintiff, PATRICK J. MANSHARDT, alleges as follows:
18 JURISDICTION
19 1. This is a civil action arising under the laws of the United States,
20 Advisory Committee Act ("FACA"), Title 5 U.S.C. App., Sections 1 through 14, and the
21 in the Sunshine Act, Title 5 U.S.C. Section 552b, U.S. Const. Art. II, and is brought
22 28 U.S.C. Sections 1331, 1361, 1651, Title 5 U.S.C. Sections 552b and 702.
SNIPPETS:
20 Advisory Committee Act, Title 5 U.S.C. App., Sections 1 through 14, and the Government
and is brought pursuant to Title
24 QUALIFICATIONS COMMITTEE ("FJQC") and the individual Defendants, as members of the FJQC,
25 comply with the FACA, Title 5 U.S.C. App., Sections 1 through 14, and specifically
which require the filing of an advisory committee charter for all federal advisory committees
the meetings are published in the Federal Register.
and the individual Defendants, GERALD PARSKY, DIANNE FEINSTEIN, and BARBARA BOXER,
14 to nominate judges in California under Article II to the United States Constitution.
16 1361 and 2201 and Rules 57 and 65 of the Federal Rules of Civil Procedure.
26 Defendant FJQC operates primarily from this district.
States District Court for the Central District of California and the United States Court of
Ninth Circuit and has an interest in the selection of judicial nominees.
13 California, appoints members of the FJQC, and has a de facto veto power over potential
20 Democratic parties to, in secret, and in violation of FACA, and related federal laws,
21 nomination and confirmation of federal judges and United States Attorneys in the State of
usurp the power of the President over judicial nominations.
and 28 U.S.C. 133render the President's powers over judicial nominations plenary.
10 are members of the President's political party, forward such proposed nominations to the
nominations, FACA and other federal law requires that this process be open, that it be
19 open to public participation" except where the agency finds that its meeting or meetings
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