Dante Carnessale v. United States Senators, Alan Cranston and Pete Wilson, in Their Private Capacity

Good Law
952 F.2d 1399·1992 WL 8139·1992 U.S. App. LEXIS 9895
United States Court of Appeals for the Ninth CircuitJanuary 14, 199291-55222California509 words

Opinion

Opinion

952 F.2d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Dante CARNESSALE, Plaintiff-Appellant, v. United States Senators, Alan CRANSTON and Pete Wilson, in their Private Capacity, Defendants-Appellees. No. 91-55222. United States Court of Appeals, Ninth Circuit. Submitted Jan. 9, 1992. * Decided Jan. 14, 1992. Before WALLACE, Chief Judge, and SNEED and ALARCON, Circuit Judges. 1 MEMORANDUM ** 2 Dante Carnessale appeals pro se the district court's order dismissing with prejudice his action challenging the conduct of the Senate during the 1986 impeachment trial of former United States District Judge Harry E. Claiborne. Carnessale argues that Senator Alan Cranston and former Senator Pete Wilson breached their duty to vote whether to disqualify Claiborne from holding future federal office. We have jurisdiction under 28 U.S.C. § 1291 and affirm. 1 3 " 'The concepts of standing and political question are separate aspects of justiciability, and either the absence of…

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