Judicial Mistakes

Another report stated that Hathaway had already cleaned out her personal effects from
the Michigan Hall of Justice.
On November 21, it was widely reported that Fishman stated that Hathaway and
Kingsley would fight to keep the Florida home, as well as her seat on the high court.
Fishman declined to comment directly on the pending forfeiture action.
Political and Editorial Comment
Demands for Hathaway's resignation included those from Michigan GOP spokesman
Matt Frendeway, and conservative Detroit radio personality and Detroit
News columnist Frank Beckmann, who suggested a possible political angle in the
treatment of the Hathaway case, noting that Hathaway is a Democrat, U.S. Attorney
McQuade was appointed by the Obama Administration, and that McQuade to date
pursued civil forfeiture rather than criminal charges against Hathaway and Kingsley. The
editors of the News also called for Hathaway's resignation. The editor of the Livingston
County Daily Press & Argus suggested that Hathaway either "clear the air," or fight the
allegations "as a private citizen." Long-time Michigan political analyst Tim
Skubick called Justice Hathaway's protracted silence on the accusations "deafening."
Michigan State Senate Democratic Leader Gretchen Whitmer of East Lansing told
the News "If the allegations are true, then she (Hathaway) should step down."
Hathaway and Kingsley Respond
On November 30, WXYZ's Jones reported that Hathaway and Kingsley had filed a
response to the forfeiture action, and that "Hathaway denied the allegations, but did
acknowledge that she and her husband did not tell their bank, ING, that they had
recently transferred the property out of their names, and into a stepdaughter’s."
The News reported that in the court filing, attorney Fishman wrote, "[C]laimants, with the
assistance of their lawyer, provided the information that was requested by ING in its
'Customer Information Summary,' which did not include any questions about property
that had been recently transferred," and, "In fact, ING knew about and inquired about
the defendant property during the 'short sale' process and either did learn or could
easily have learned about the property transfer. Whether ING did or did not learn about
the property transfer, it is obvious that the transfer had no impact on ING's decision to
approve the short sale."
90-Day Stay
On December 19, it was reported that Hathaway and Kingsley, as well as the federal
government, had agreed to a 90-day stay on the forfeiture action. A report in
the News cited expert speculation that the stay might be a maneuver allowing Hathaway
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