the predicate "for additional relief ... necessary in order to prevent future racketeering violations involving the continued domination ... and exploitation ... of Local 560."

7

In response to the Government's discovery request, the petitioners filed a cross-motion seeking Judge Ackerman's disqualification pursuant to 28 U.S.C. Sec. 455(a) and (b)(1). Sheridan and Sciarra predicated their motion, in part, upon an affidavit submitted by Joel Jacobson which averred8 that during the winter of 1986-1987, Judge Ackerman directed the former trustee to terminate two members of Local 560's Pension and Welfare Funds. When Jacobson expressed reluctance, the judge allegedly replied: "Joel, when it comes to members of Local 560, they're guilty until proven innocent." Jacobson added that Judge Ackerman repeated the phrase at a second meeting several days later. Jacobson's affidavit concludedby asserting that his discharge was based upon his "refusal to support [Judge Ackerman's] abandonment of the presumption of innocence for the officers and members of Local 560."9

8

Petitioners additionally relied upon statements made by Judge Ackerman to several newspapers. In the October 8, 1987, edition of the "Bergen Record," Jacobson asserted that Judge Ackerman had directed him "to go get something on [Sciarra]." Moreover, an article appearing in the "Wall Street Journal" on February 10, 1987, quoted the judge as stating that:

9

Elements of the old regime are plotting to regain power. They're there, I know it.... It's like squeezing water out of a wash rag.... There's still a lot of dirty water in that rag....

10

Finally, Sheridan and Sciarra based their motion upon a recent nationally televised CBS "60