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Rep. Alcee Hastings sex harassment case to proceed, rules judge

In spite of the lack of news media coverage, the top official of a successful -- and feared -- public-interest group responded to a ruling by the U.S. District Court for the District of Columbia in a sexual harassment lawsuit filed on behalf of Winsome Packer, a female federal employee who alleges that she was repeatedly subjected to “unwelcome sexual advances,” “unwelcome touching” and retaliation from Rep. Alcee Hastings (D-FL).
 
On February 14, 2012, the U.S. District Court for the District of Columbia ruled that pursuant to the Congressional Accountability Act the case will now proceed under Bivens, “an avenue for individuals to seek damages from federal officials for Constitutional violations of civil rights.” The U.S. Commission on Security and Cooperation in Europe will now serve as the sole defendant in the lawsuit.                
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Tom Fitton, President of Judicial Watch, an organization that investigates and exposes government corruption, responded to the ruling by saying, "This court ruling does not exonerate Congressman Hastings. This is simply a procedural decision as how our lawsuit will proceed. We’re confident when the court weighs the considerable evidence against Hastings in this case, Winsome Packer will get the justice she deserves."
 

"As the Office of Congressional Ethics recently ruled, there is good reason to believe that Congressman Hastings violated Ms. Packer’s civil rights.  Rep. Hastings’ attacks against Winsome Packer are disgraceful, unlawful and beneath the office he holds," said Fitton. 

Impeachment of Judge Hastings

According to a January 13, 2012 Examiner story, prior to his election to congress, Hastings worked as a private-practice attorney, a civil rights activist, and a Florida judge. Appointed by President Jimmy Carter in 1979, he became the first African-American federal judge in the state of Florida, and served in that position for ten years. He’s still called “Judge” by some of his colleagues, but one would think he’d rather forget his days on the federal bench. 

In 1989, Judge Hastings was impeached by the US House of Representatives for bribery and perjury. The Democratic-controlled Senate convicted Hastings of accepting a $150,000 bribe in 1981 in exchange for a lenient sentence and of perjury in his testimony about the case. Hastings said the charges against him smacked of racism.

He distinguished himself by being only the sixth Judge in US history to be removed from office by the US Senate. So damning was the evidence against him that Rep. John Conyers (D-MI), a founding member of the CBC, favored impeaching him.

Conyers, who is also black, said he “found no trace of racism during the investigation.” He urged his colleagues to remove Hastings from the bench. He said, “[Hastings] is unfit to serve.”

His impeachment was remanded back to the Senate by Judge Stanley Sporkin after Hastings filed  a lawsuit claiming that his impeachment trial was invalid because he was tried by a Senate committee, not in front of the full Senate, and that he had been acquitted in a criminal trial. 

But the US Supreme Court had ruled in a similar case, regarding Judge Walter Nixon, who had also been impeached and removed. The SCOTUS stated that the courts had no jurisdiction to review Senate impeachment procedures and Hastings’ impeachment and removal were reinstated. The Senate had the option to forbid Hastings from ever seeking federal office again when it removed him, but did not do so. Which opened the door for Hastings to get himself elected to congress. 

Some believe Hastings may attempt to perform similar judicial gymnastics to avoid being subjected to a public trial for sexual harassment.

"Rep. Hastings’ aggressive denials and persistent attacks against Ms. Packer, which continue to this day, bring to mind his corrupt behavior that resulted in his impeachment and removal from the federal bench," notes Tom Fitton.

"We look forward to giving Winsome Packer her day in court and to prosecuting this case. Already, Hastings appears to be telling one version of events to the court and a different story to House ethics investigators," he added.

Ms. Packer alleges that Rep. Hastings subjected her to unwelcome sexual advances and touching over a two-year period when she worked for the U.S. Commission on Security and Cooperation in Europe (also known as the Helsinki Commission). Ms. Packer further alleges that Rep. Hastings, with the assistance of Helsinki Commission Staff Director Fred Turner, retaliated against her when she rebuffed the congressman’s advances, according to the Judicial Watch lawsuit.

On October 11, 2011, in response to a complaint filed by Judicial Watch, the Office of Congressional Ethics referred the matter to the House Ethics Committee and released a report concluding, “…there is probable cause to believe that Representative Hastings violated House rules, standards of conduct, and federal law as a result of his interactions with [Ms. Packer].” The House Ethics Committee announced in January 2012 that it would extend its probe into the allegations.

, Law Enforcement Examiner

Jim Kouri, CPP, the fifth Vice President and Public Information Officer of the National Association of Chiefs of Police, has served on the National Drug Task Force and trained police and security officers throughout the country. Contact Jim. What others are saying about Jim Kouri: Semana.com...

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