UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW HAMPSHIREUnited States of Americav.Jason Gerhard

Case No. 07-cr-168-01-PB

Daniel Riley

Case No. 07-cr-189-01-PB

Robert Wolffe

Case No. 07-cr-190-01-PB

Cirino Gonzalez

Case No. 07-cr-191-01-PB

O R D E R

The defendants in the above-captioned cases have beencharged with criminal offenses, including conspiracies, thatallegedly stem from their efforts to prevent the United StatesMarshals Service from arresting two fugitives, Edward and ElaineBrown. The Browns were convicted of multiple counts of tax fraudin a trial overseen by one of my colleagues, Chief District JudgeSteven McAuliffe. The Browns were fugitives until their recentarrests and the defendants in the above-captioned cases allegedlyassisted the Browns in avoiding apprehension.It has been widely reported in the media that the Browns andother members of the alleged conspiracy have threatened to kill

Case 1:07-cr-00189 Document 19 Filed 10/12/2007 Page 1 of 3

-2-Judge McAuliffe. In orders disqualifying himself in the Gonzalezand Riley cases, Judge McAuliffe noted that “[b]ecause thosepublic statements included threats of violence and physical harmdirected at me, a reasonable person, fully informed of the facts,might understandably question my ability to remain impartial wereI to preside.” In this order, I explain why I, too, have decidedto disqualify myself from presiding over these cases.Canon 3(c)(1) of the Code of Conduct for United StatesJudges requires a judge to disqualify himself from any case “inwhich the judge’s impartiality might reasonably be questioned.”Under this test, a judge ordinarily must disqualify himself if areasonable person, knowledgeable of the relevant facts, wouldhave reason to question the judge’s impartiality.Judge McAuliffe and I have been friends for more than 20years. Although I am confident that I could preside impartiallyover the above-referenced cases notwithstanding this friendship,it is likely that at least some reasonable observers wouldconclude that my impartiality was compromised by my friendshipwith someone who allegedly has been threatened by the defendants’alleged co-conspirators. See United States v. Jordan, 49 F.3d