[Congressional Record Volume 140, Number 30 (Thursday, March 17, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: March 17, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                     ELECTION FRAUD IN PHILADELPHIA

  Mr. SPECTER. Mr. President, there has been a celebrated matter in my 
State, Pennsylvania, in the city of Philadelphia, concerning widespread 
election fraud in a special election of the second senatorial district, 
where substantial evidence existed of widespread voter fraud. A very 
unusual decision was made by the U.S. District Court for the Eastern 
District of Pennsylvania invalidating the election of a man named 
Stinson, disallowing all of the absentee votes and, instead, declaring 
the winner Bruce Marks, a young man who had served on my staff.
  This was an extraordinary decision because of the evidence which 
disclosed widespread fraud, where absentee ballots were obtained and 
where misrepresentations were made by political workers of the Democrat 
Party, suggesting that where the box ``Democrat'' was checked off, it 
was only a signification of registration when, in fact, it was a vote 
for the Democratic candidate, and where there were many forgeries and 
widespread fraud.
  The proceedings in the Pennsylvania Senate, as reported in 
yesterday's Philadelphia Inquirer, contained a very vitriolic attack on 
the judge who handed down that decision. As characterized on the front 
page,

       While starting with a comparatively mild changing of the 
     guard, soon turned raucous and nasty, with State Senator 
     Vincent J. Fumo, at one point characterizing a Federal judge 
     as ``senile'' and ``brain dead.''

  This judge is Judge Clarence Newcomer, who has served on the U.S. 
District Court for the Eastern District of Pennsylvania since 
approximately 1970. Prior to that, he was a very distinguished district 
attorney of Lancaster County, a man with whom I worked extensively when 
I was district attorney of Philadelphia. Judge Newcomer is in senior 
status, which means that he no longer has to perform if he chooses not 
to. But because of the backlog in the eastern district, he has taken on 
work there. He wrote a very extraordinary and learned opinion, an 
opinion which was upheld yesterday in almost all respects by the court 
of appeals for the third circuit, with a limiting issue being one of 
remedy, with a further hearing being ordered to take evidence to see if 
the specific evidence on the fraudulent votes total the difference, 
which are some 461 votes. But the thrust of Judge Newcomer's opinion 
was upheld unanimously, except for that one item, by the court of 
appeals for the third circuit.
  To have a distinguished judge like Judge Newcomer characterized as 
``senile'' and ``brain dead,'' I think the right characterization is 
difficult to come by. But certainly, at a minimum, it is grossly out of 
order.
  I wanted to take a few moments today to acquaint my colleagues with 
some of the particulars of that decision. I have spoken of it from time 
to time on the floor. I want to lend my voice to the character and 
qualifications and integrity and ability of Judge Newcomer, in terms of 
his distinguished public service as district attorney of Lancaster 
County, PA, and on the U.S. District Court for the Eastern District of 
Pennsylvania, and to decry any such characterizations as being far 
beyond the pale.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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