Edelstein Again Upholds Carey, Hamilton Expulsions

U.S. Dist. Judge David N. Edelstein affirmed the IBT’s Independent Review Board’s decision Aug. 27 that “new evidence” was insufficient to overturn the expulsion of disgraced ex-IBT boss Ron Carey and ex-political director William W. Hamilton from IBT for their roles in illicit money-laundering schemes during the 1996 IBT election. The record before the court-appointed IRB, with or without the new evidence — the allegedly perjurious testimony of Jere Nash, Carey’s campaign manager — supported the IRB’s finding that Carey and Hamilton brought reproach upon IBT and violated its constitution, Edelstein ruled.

Carey and Hamilton claimed that they were entitled to “extraordinary relief” from Edelstein’s Sep. 1998 order affirming the IRB’s decision to expel them. Under the Fed. Rules of Civil Procedure, a case can be reopened based on newly discovered evidence or an adverse party’s alleged fraud. Carey and Hamilton argued that such new evidence or alleged fraud was found in Nash’s Apr. 1999 guilty plea on one count of mail fraud and one count of making false statements. Edelstein affirmed IRB’s determination that none of Nash’s testimony relied on by Carey and Hamilton constituted perjury. At most, Edelstein said, the testimony undermined Nash’s credibility, which doesn’t warrant a new trial. Carey plans to appeal. [BNA 9/2/99]