Why You Should Contact Your Senator & Support Impeaching

Judge Frank H. Easterbrook

 Federal Appeals Court Judge

Terms Later Contracting, 12 Journal of Law & Policy 641 (2004)

'How Frank Easterbrook Kept George Ryan in Prison'

Univ. of Chicago Professor Albert Alschuler

 "Judge Easterbrook persistently presents wildly inaccurate, made up statements as unquestionable statements of fact." p.15.  "If questioned or challenged, he [Judge Easterbrook] is likely to double down and push his bluff further." p.17.

 "Judge Easterbrook's colleagues should view everything he says with skepticism and should recognize the serious problem his conduct poses for their court." p.16.

"Judge Easterbrook's bullying rests on stuff he just makes up.  The truth is not in him." p. 29.

"Judge Easterbrook is a stickler for rules who breaks the rules.  The other judges of the Seventh Circuit should enforce the rules, respect the basic principles of the adversary system, and check Judge Easterbrook's penchant for confabulation.  28 U.S.C. § 46(b) does not put three judges on a panel to promote 'collegiality.'" p.87.

'Pattern of misstated facts found in opinions of renowned U.S. Judge Easterbrook'

Injustice Watch

"The result: Injustice Watch documented a pattern of misrepresented facts in Easterbrook's opinions.  Injustice Watch uncovered 17 cases since 2010 in which opinions authored by Easterbrook misstated the facts, omitted facts, or made assumptions that were contrary to the trial record." p.2

"An analysis by Injustice Watch of 3,465 signed opinions by Seventh Circuit judges over a five-year period ending March 2016 short opinions authored by Easterbrook prompted petitions for reconsideration more than opinions by any other judge on the court." p.2

"It was by studying these petitions that Injustice Watch identified cases involving allegations of significant factual errors in Easterbrook's opinions." p.3.

'Evaluation of the United States Court of Appeals for the Seventh  Circuit – Report'

Chicago Council of Lawyers

"[T]he result in many of Judge Easterbrook's opinions appear to be based on unproven factual assumptions and/or hypotheses not obtained from the record in the case." pp. 750-751.

"Judge Easterbrook's opinions have been criticized for not accurately reflecting the record or controlling precedents." p. 757.

"Judge Easterbrook is willing to assume facts that are not part of the record in order to support the conclusion he apparently wishes to reach." p. 759.

"Judge Easterbrook is one of the court's chief practitioners of deciding issues that have not been briefed by the parties.  He apparently does this to present his views of legal issues as soon as possible, and to preempt consideration of other viewpoints after briefing and argument." p.756.

"[T]he Council is deeply troubled that Judge Easterbrook appears less concerned about the actual facts and issues presented in the appeals before him than about advancing his own philosophy." p.747.

"Judge Easterbrook communicates a lack of appreciation for the litigants as real human beings with real-life problems.  He can also communicate a lack of respect for the facts of a case and for president.  In addition, he has been resoundingly criticized for his poor judicial demeanor.  Both at oral argument and in his writing, Judge Easterbrook displays a contempt for attorneys and, to some extent, the litigants as well." P. 747.

"The tone of Judge Easterbrook's opinions can be particularly harsh, especially in cases in which he is dissatisfied with the conduct of counsel." p. 760.

"All too often, particularly when he disregards the facts of the law, he acts like the worst of judges.  Judge Easterbrook needs to control his demeanor and limit his diversions from the facts and issues specifically presented." p. 761.

"Judge Easterbrook has consistently displayed a temperament that is improper for a circuit judge." p. 760.

Judge Easterbrook "has been resoundingly and repeatedly criticized as being extremely rude to attorneys at oral argument." p. 760.

"Judge Easterbrook goes well beyond asking pointed questions; rather, he 'attacks' lawyers in an attempt to establish that the advocate has not understood the case or that the judge's knowledge is superior to that of the advocate." p. 769.

Richard Posner

William Domnarksi, (Oxford Univ. 2016)

"More than half of the lawyers interviewed complained about Easterbrook's demeanor.  There were complaints that he made comments at the expense of the lawyers arguing, that 'he will sometimes tilt back his head, laugh and look at his law clerks and encourage them to laugh at what the lawyer has said.'" "Lawyers noted that he was abrasive, rude, condescending, and flip…" p. 170

"In the 2002 edition [Almanac of the Federal Judiciary] only a minority of the lawyers interviewed spoke well of him [Judge Easterbrook].  Those who did not commented that 'he is one of the meanest human beings you will ever encounter,' that he treats lawyers 'with utter contempt, that he 'lies in wait [for lawyers] and treats them mercilessly,' and that 'he displays a brutal lack of civility.'" p. 214.  

"'He [Judge Easterbrook] likes to circle his kill and gives a nod and a wink to his clerk when he catches his prey.  Another lawyer describes how he 'berates lawyers and shows off to his clerk's how powerful and smart he is.  If he is on your side it can be fun, but if his position opposes yours, watch out, the rules of civility have not worked on him.'. . 'It is almost a game to him.'" p. 214.