American Democracy Under Serious Threat
Retired Alaska Superior Court Judge Elaine Andrews is “very concerned” about democracy in the United States; she told Sol de Medianoche. “There is no question that the Trump administration is focused on empowering the executive branch and undermining the judiciary as an equal branch of government. The attacks on judges and law firms, the failure to comply with court orders, and the dismantling of the Department of Justice are serious threats to our democratic form of government.”On July 26, six retired judges from Alaska’s highest courts signed and published a public letter in the Anchorage Daily News addressed to Republican Senator Dan Sullivan of Alaska, asking him, “imploring him,” to reject the appointment of Emil Bove as a lifetime judge on the U.S. Court of Appeals for the Third Circuit.
Sullivan ignored them and on the same day (Tuesday, July 26) voted in favor of the appointment proposed by President Trump. Bove was confirmed by a vote of 50 to 49, with only Republican votes, except for those of Republican Senators Lisa Murkowsky (Alaska) and Susan Collins (Maine). The six retired judges were Walter Carpeneti (former Chief Justice, originally from Juneau), Elaine Andrews (Anchorage), Beverly Cutler (Palmer), David George (Sitka), Louis Menéndez (Juneau), and Fred Torrisi (Dillingham), the latter five from the Alaska Superior Court. “Although this nominee would not serve in Alaska, as a federal appeals judge, he will participate in decisions of national importance to all citizens, including Alaskans (...) Bove’s conduct was repeatedly questioned by his colleagues, opposing counsel, and the court. Recently, highly respected and experienced attorneys from the Department of Justice have resigned, publicly stating that Bove required them to act unethically in the handling of high-profile cases. There are pending disciplinary complaints against him before the New York Bar Association,” the six retired judges said in their open letter to Dan Sullivan. These six Alaskan judges are among more than 75 judges across the country who have signed a statement condemning Bove. Emil Joseph Bove III was deputy attorney general from January 20 to March 6 and a member of the president’s legal team in cases involving election obstruction, classified documents, and falsification of business records. Sol de Medianoche interviewed Judge Elaine Andrews of Anchorage, who stated that “although I believe it is a seriously mistaken decision, [Sullivan] has the right “to vote for Bove,” as there is also the right and responsibility of voters to take into account Senator Sullivan’s decision-making on this and all other matters when voting on his candidacy for re-election in 2026.” “There is no doubt that the Trump administration is focused on empowering the executive branch and undermining the judiciary as an equal branch of government. Attacks on judges and law firms, disregard for court orders, and the dismantling of the Department of Justice are serious threats to our democratic form of government.” Alaska has an appointment system that ensures professional and non-political criteria and facilitates judicial independence. “The federal judge selection system differs from the state judge selection system,” said retired Judge Andrews. “However, the criteria, regardless of the process, must be the same: an apolitical evaluation of the applicant’s professional ability, impartiality, diligence, integrity, and judicial temperament. The process of appointing federal judges has become an extraordinarily politicized process, losing sight of these values.” “There are many states that have some kind of merit selection system for state judges,” continues Elaine Andrews. “But none are as robust or as transparent as the Alaska system. And none includes the level of citizen participation that Alaskans enjoy.” Do you believe that American democracy is in danger? “I am sorry to say that I am very concerned. Citizen participation is a necessary component of maintaining and improving democracy. We must speak up as individuals and make our concerns known to our elected officials and work hard at the local and national levels so that we can be heard. Every person has a role to play.” |