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June 25, 2009

Judge tells Larry Klayman to chill out

Judicial Watch founder Larry Klayman, a litigious soul, has now failed in his long-shot effort to force a magistrate judge off of his lawsuit against, that's right, Judicial Watch.

On Thursday, U.S. District Judge Colleen Kollar-Kotelly dismissed Klayman's bid to get rid of Magistrate Judge Alan Kay. Kay has been appointed to oversee the various discovery motions and the like in the nasty Klayman v. Judicial Watch fight. Among Kay's rulings have been the ordering of monetary sanctions against Klayman for failing to produce material in response to document requests.

Klayman originally forced his way into the public consciousness with his aggressive legal attacks on then-President Bill Clinton. His claim against Kay was, in part, centered on the belief that, as he put it in a court filing, "Magistrate Judge Kaye [sic] [] is quite liberal and a Democrat."

Yes, that always leaves a good impression of solid judicial scholarship to misspell the name of the judge you are trying to get rid of.

Judge Kollar-Kotelly determined:

"It is clear that, even if true, the mere fact that Magistrate Judge Kay may be a Democrat and/or have a
liberal political background does not warrant or require recusal
."

Moreover, Judge Kollar-Kotelly appears fed up with Klayman's drive-by shooting approach toward litigation, as she notes that Klayman "has made various  unsupported, unsubstantiated, and highly insulting allegations accusing this Court and Magistrate Judge Kay of colluding together to intentionally deny Klayman his fair day in court." Consequently, the judge is now putting Klayman on notice that will "not tolerate an inappropriate and uncivil tone in the future."

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mike

"Suits & Sentences" is a legal affairs blog written by Michael Doyle, a reporter for McClatchy's Washington Bureau. He was a Knight Journalism Fellow at Yale Law School, where he earned a Master of Studies in Law; he also earned a Masters in Government from The Johns Hopkins University with a thesis on the Freedom of Information Act. He teaches journalism as an adjunct instructor at The George Washington University's School of Media and Public Affairs.

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