New Orleans radio talk-show host Jeff Crouere writes in defense of Judge Martin Feldman, who has been under fire for ruling against the Obama administration earlier this week:
In issuing his ruling, Feldman said that the moratorium was faulty because there was no “rational connection between the facts found and the choice made.” While there is often debate about the merits of judicial decisions, seldom does the criticism focus on the integrity of the judge. Right after he issued the ruling, Feldman came under attack as a tool of the oil industry. Media outlets reporters noted that the Judge held stock in oil and gas companies and implied that his decision was based on his own personal financial considerations. Such a personal attack is unfair and completely unwarranted, especially for Feldman, a distinguished judge known for his commitment to the law and a jurist who has earned the praise of people throughout the legal community.
Much of the sensational reporting on Feldman’s investments was based on outdated information. The Judge was blasted for owning stock in Transocean, Ltd and Halliburton, two of the major companies involved in the Deepwater Horizon disaster. Feldman owned those stocks in 2008; however, he sold those shares long before issuing his ruling this week. In fact, this updated information will be released in the next report on his stock holdings.
If Feldman held financial interests in any of companies involved in the lawsuit or the Deepwater Horizon rig, he would not have been allowed the take the case. The 5th District Court uses a sophisticated computer system to check whether judges have a conflict of interest in any legal proceeding. This system automatically determines whether a judge needs to be recused from a particular case. In this lawsuit, Feldman was allowed to take the case because he did not own any stock related to the parties involved.
The attack was not based on facts, but it was a character assassination as a way to mitigate the influence of the scathing decision. If anyone should be questioned, it is the Interior Secretary Ken Salazar who disregarded the advice of his own scientific experts in declaring the deep water drilling moratorium. In the wake of the Judge’s ruling, Salazar said he would issue a “refined” moratorium, ask for a stay of the ruling and appeal the decision. Some legal experts predicted the preliminary injunction would lead the government to compromise on the moratorium. In fact, Salazar decided to be confrontational instead of working with business interests in Louisiana to find common ground.