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Kindly Review and Advise on Next Steps With Fair Justice

Written By Thursday, April 21, 2022 Add Comment Edit

Donald Trump has displayed a troub­ling pattern of attack­ing judges and the courts for rulings he disagrees with — a pattern that began during his pres­id­en­tial campaign (and even before), and has contin­ued into his pres­id­ency.

This threatens our entire system of govern­ment. The courts are bulwarks of our Consti­tu­tion and laws, and they depend on the public to respect their judg­ments and on offi­cials to obey and enforce their decisions. Fear of personal attacks, public back­lash, or enforce­ment fail­ures should not color judi­cial conclusion-making, and public offi­cials accept a respons­ib­il­ity to respect courts and judi­cial decisions. Separ­a­tion of powers is non a threat to demo­cracy; information technology is the essence of demo­cracy.

Collec­ted beneath are examples of Trump's public state­ments attack­ing indi­vidual judges and ques­tion­ing the consti­tu­tional author­ity of the judi­ciary, includ­ing his state­ments on Twit­ter. Information technology will be updated with new state­ments.

Attack on Justices Sonia Soto­mayor and Ruth Bader Gins­burg

On Febru­ary 24, Trump targeted U.Due south. Supreme Court Justices Sonia Soto­mayor and Ruth Bader Gins­burg, need­ing that the 2 justices should recuse them­selves from whatever cases that he is involved in.

The attacks came later Justice Soto­mayor authored a dissent criti­ciz­ing the Supreme Courtroom's determination to tempor­ar­ily block a lower courtroom ruling foreclose­ing the Trump Admin­is­tra­tion from deny­ing green cards to immig­rants based on their use of public bene­fits like Medi­caid, SNAP, and hous­ing assist­ance. In herdissent inWolf v. Cook County, Justice Soto­mayor wrote that putting a lower court's decision on concord while the govern­ment appeals that conclusion is an "extraordin­ary" human activity, appro­pri­ate only when the govern­ment can show urgent and irre­par­able harm if their request is not gran­ted. Soto­mayor said that, "Claim­ing one emer­gency afterwards another, the govern­ment has recently sought stays in an unpre­ced­en­ted number of example­s…And with each success­ive applic­a­tion…its cries of urgency band increas­ingly hollow." "It is difficult to say what is more troub­ling: that the Govern­ment seek this extraordin­ary relief seem­ingly as a matter of course, or that the Court would grant information technology, " Soto­mayor wrote.

Trump alsotargeted Justice Gins­burg in this attack over comments she made during his 2016 campaign, in which shesaid, " I can't imagine what this place would be — I can't imagine what the coun­try would be — with Donald Trump as our pres­id­ent."

Attack on Estimate Amy Berman Jack­son Follow­ing the Roger Rock Case

In Febru­ary 2020, Trump attacked Approximate Amy Berman Jack­son, the gauge who is presid­ing over his former adviser Roger Stone'due south pending crim­inal instance in the U.South. District Courtroom for the Commune of Columbia. Last Novem­ber, Stone was convicted of lying to congress, witness tamper­ing, and obstruct­ing an invest­ig­a­tion past the U.South. Business firm of Repres­ent­at­ives. The attacks came after the Depart­ment of Justice recom­men­ded a sentence of 7–9 years for Stone. In a series of tweets published in Febru­ary, Trump criti­cized this recom­mend­a­tion, and equally a event, the Depart­ment of Justice indic­ated information technology would seek a shorter sentence for Stone, prompt­ing 4 career prosec­utors to with­draw from the case. Judge Jack­son Berman is sched­uled to make a final ruling in Stone's case on Febru­ary twenty.

Attacks on the Judi­ciary Follow­ing Asylum Ruling

In Novem­ber 2018, Trump appear new rules that would bar anyone cross­ing the U.S.-Mexico border not through an offi­cial port of entry from receiv­ing asylum. On Novem­ber 20, Judge Jon Tigar of the U.S. Courtroom of Appeals for the Ninth Circuit ordered the admin­is­tra­tion to have asylum claims regard­less of where migrants entered the coun­try. Trump called the decision "a disgrace, " attacked Tigar every bit "an Obama judge, " and critiqued the Ninth Excursion as "really some­affair we have to accept a wait at because it's not off-white, " adding, "That's not constabulary. Every case that gets filed in the 9th Circuit nosotros go beaten."

In a rare response, Principal Justice John Roberts told the AP that the U.Southward. does­north't accept "Obama judges or Trump judges, Bush-league judges or Clin­ton judges. What we have is an extraordin­ary group of dedic­ated judges doing their level best to do equal correct to those announced­ing before them." Roberts added that "The inde­pend­ent judi­ciary is some­thing we should all be thank­ful for."

Trump respon­ded on Twit­ter, defend­ing his claim and once more ques­tion­ing the impar­ti­al­ity of the Ninth Circuit:


Trump then sugges­ted break­ing up the Ninth Circuit, a move that a Rep. Darrell Issa [R-CA] proposed in Septem­ber 2018.


The day later Roberts' response, Trump contin­ued to abnegate the Master Justice and decried "Judi­cial Activ­ism":

Carter Page FISA Applic­a­tion

On July 22, 2018, the Trump Admin­is­tra­tion released a previ­ously clas­si­fied Foreign Intel­li­gence Surveil­lance Act (FISA) warrant applic­a­tion regard­ing Trump's former strange policy campaign adviser, Carter Page. Organ­iz­a­tions like Judi­cial Watch had sued for its disclos­ure. Trump took the release as an oppor­tun­ity to falsely claim the Page surveil­lance precip­it­ated special coun­sel Robert Mueller'due south invest­ig­a­tion, to argue that the wiretap applic­a­tion relied likewise heav­ily on the unveri­fied Steele dossier, and to argue that Mueller'south invest­ig­a­tion must end. In a serial of tweets, Trump kickoff claimed that the Depart­ment of Justice and FBI "misled the courts":

Then Trump used the words of conser­vat­ive writer Andrew McCarthy to direct attack the judges who writer­ized the FISA applic­a­tion:

Attacks on the Judi­ciary Follow­ing DACA Ruling

On Tues­mean solar day, Janu­ary 9th, 2018, District Court Judge William Alsup tempor­ar­ily blocked the Trump admin­is­tra­tion from ending the Deferred Action for Child­hood Arrivals (DACA) program, main­tain­ing protec­tions for 'Dream­ers.' The Trump admin­is­tra­tion appealed Alsup's decision. Follow­ing Alsup's ruling, Trump tweeted:

Critique of the Berg­dahl Ruling

Bowe Berg­dahl, a former U.S. Ground forces soldier, walked away from his unit of measurement and was captured by the Taliban in 2009. From 2009 to 2014, he was held captive by the Taliban. In 2014, the Obama admin­is­tra­tion brokered a pris­oner exchange, and ulti­mately, the Taliban released Berg­dahl in exchange for v Guantanamo Bay detain­ees.

Trump, while on the campaign trail, repeatedly critiqued the exchange.

In one speech, Trump argued,

"Then we get a traitor named Berg­dahl—a dirty rotten trait­or—who, by the fashion, when he deser­ted, 6 young, beau­ti­ful people were killed trying to detect him, and you don't even hear most them anymore. Someone said the other day, well, he has some psycho­lo­gical prob­lems – well, yous know, in the onetime days, bing, bong—when nosotros were potent, when nosotros were strong. Then we get Berg­dahl, a traitor, and they get 5 of the people that they most wanted anywhere in the world, 5 killers that are right now dorsum on the battle­field, doing a job. That's the kind of deals we brand."

Follow­ing these comments, Berg­dahl'southward lawyers filed a motion in 2016 to dismiss the charges awaiting against him, arguing that Trump's comments precluded Berg­dahl from receiv­ing a fair trial. This move was rejec­ted. Ulti­mately, Berg­dahl pleaded guilty to charges of deser­tion and misbe­ha­vior in Octo­ber of 2017; on Novem­ber 3, 2017, Berg­dahl was sentenced to a dishon­or­able discharge, a reduced rank, and a monthly fine, but did not receive a prison house sentence. In response, Trump tweeted,

Attacks on the Judi­cial Organisation in Response to Terror­ist Attacks

On Tues­mean solar day, Octo­ber 31st, 2017, a terror­ist set on in Manhat­tan led to eight deaths and several seri­ous injur­ies. The suspect saidhe drew inspir­a­tion from ISIS. On Novem­ber 1st, 2017, Donald Trump made the follow­ing state­ment in response, telephone call­ing the courts a "joke" and a "express joy­ing­stock." Trump also said he would "certainly consider" transport­ing the suspect to the U.Due south. milit­ary prison in Guantá­namo Bay. Trump stated:

"That was a horrible event, and we have to cease it, and we have to stop it cold. Nosotros also have to come up with punish­ment that'due south far quicker and far greater than the punish­ment these anim­als are getting correct now. They'll go through court for years. And at the cease, they'll be — who knows what happens.

Nosotros need quick justice and we demand strong justice — much quicker and much stronger than we have right now. Because what nosotros have right now is a joke and it's a laugh­ing­stock. And no wonder so much of this stuff takes place. And I call back I can speak for plenty of other coun­tries, likewise, that are in the aforementioned situ­ation."

Trump followed this state­ment with a Tweet:

Trump then switched from advoc­at­ing the suspect be sent to Guantá­namo Bay, to advoc­at­ing he receive the death penalty.

Attacks on Courts, and Judges Person­marry, for Stay­ing Immig­ra­tion Exec­ut­ive Orders

On Fri, Febru­ary 3, 2017, Wash­ing­ton U.S. District Courtroom Judge James Robart issued a decision tempor­ar­ily stay­ing enforce­ment of Donald Trump'southward Janu­ary 27 exec­ut­ive order limit­ing immig­ra­tion from 7 predom­in­antly Muslim coun­tries and halt­ing the admis­sion of refugees from anywhere. On Febru­ary 9, the Ninth Excursion denied the govern­ment'south request for a stay of the district court'due south guild. Trump issued a revised version of the immig­ra­tion exec­ut­ive order on March six, 2017, which narrowed the telescopic to six coun­tries and exemp­ted green card and visa concur­ers, among other changes. On March 15, 2017, a federal estimate in Hawaii tempor­ar­ily blocked enforce­ment of the club nation­wide, followed past a March 16 gild by a federal judge in Mary­country. On May 26, the Quaternary Excursion, sitting en banc, upheld the stay of the travel ban.

Trump has made a serial of tweets and public state­ments assault­ing the decid­ing judges person­marry, ques­tion­ing the writer­ity of federal courts to review his orders, advise­ing the courtroom is biased, and suggest­ing that the judges and court arrangement would be to blame for future terror­ist attacks.

Comments Business organization­ing March vi Exec­ut­ive Order

On June 3, 2017 and over again on June five, 2017, follow­ing a terror­ist set on in London over the week­end, the Pres­id­ent tweeted the follow­ing state­ments:

He has also said the follow­ing state­ments over the course of the last few months at public events, speeches, and tele­6­sion inter­views:

"We're also taking decis­ive action to improve our vetting proced­ures. The courts are not help­ing usa I accept to be honest. It'southward ridicu­lous. Some­body said I should non criti­cize judges, Okay, I'll criti­cize judges. To proceed crim­in­als and terror­ists the hell out of our coun­attempt, we are proceed­ing these prom­ises and many, many more."

"Moments agone I learned that a district court in Hawaii, part of the much over­turned Ninth Circuit Court. And I accept to exist nice, other­wise I'll exist criti­cized for speak­ing poorly virtually our courts. I'll be criti­cized by these people, among the most dishon­est people in the world, …for speak­ing harshly about our courts. I could never want to do that."

"This is an unpre­ced­en­ted judi­cial over­achieve. The constabulary and consti­tu­tion allows the pres­id­ent to append immig­ra­tion when he or she…­for­tu­nately it won't exist Hillary she, when he or she deems it to be in the national interest of our coun­try."

"I know you lot aren't skep­tical people. You don't think this was done by a judge for polit­ical reas­ons exercise you? This ruling makes usa look weak, which nosotros no longer are, believe me."

"We are going to fight this terrible ruling…nosotros're going to win…nosotros're going to keep our citizens safe."

"People are scream­ing break-upwards the Ninth Circuit…that Ninth Circuit, you accept to see, take a wait at how many times they have been over­turned with their terrible decisions. Take a look. And this is what we accept to live with."

Comments Business organization­ing Janu­ary 27 Exec­ut­ive Lodge

"I don't ever desire to call a court biased, so I won't phone call it biased…Only courts seem to be and then polit­ical."

Comments Follow­ing Barcelona Terror­ist Attack

Follow­ing a terror­ist assail in Spain, Trump fabricated the follow­ing tweets on Baronial 18. Trump argued his travel ban would prevent terror­ist attacks, merely for Demo­crats "u.s.[ing] the courts" to preclude his agenda.

Attacks on Courts for Block­ing Sanc­tu­ary City Exec­ut­ive Social club

On Tues­mean solar day, April 25, Cali­for­nia U.Southward. District Approximate William Orrick 3 gran­ted a prelim­in­ary injunc­tion, block­ing the imple­ment­a­tion of Donald Trump'southward exec­ut­ive guild with­concur­ing federal funds from "sanc­tu­ary cities"—those that limit how they cooper­ate with the federal govern­ment to deport immig­rants lack­ing legal status.

Follow­ing the ruling, Trump made a serial of tweets criti­ciz­ing the courts and Gauge Orrick. Although Trump'southward comments refer­enced the 9th Excursion, information technology was the U.S. District Court, which sits within the 9th Excursion, that issued the relev­ant lodge.

The White House too issued a state­ment, proverb "the rule of police suffered another blow, equally an unelec­ted estimate unilat­er­ally rewrote immig­ra­tion policy for our Nation." It contin­ued: "This San Fran­cisco judge'southward erro­neous ruling is a gift to the crim­inal gang and cartel chemical element in our coun­try, empower­ing the worst kind of man traf­fick­ing and sex traf­fick­ing, and putting chiliad­sands of inno­cent lives at take a chance." Finally, it airtight by call­ing the decision "yet i more example of egre­gious over­attain by a single, unelec­ted district estimate."

On April 26, Trump gave an inter­view in which he said he has "abso­lutely" thought well-nigh suspension­ing upward the Ninth Circuit. He contin­ued: "Every­body imme­di­ately runs to the 9th Circuit. And we take a big coun­try. We have lots of other loca­tions. But they imme­di­ately run to the 9th Circuit. Because they know that's like, semi-automobile­matic." He also said: "Yous see judge store­ping, or what'due south gone on with these people, they imme­di­ately run to the ninth Circuit, " and that "what's going on in the 9th Excursion is a shame."

Calls for U.S. Supreme Courtroom Justice Gins­bur­1000's Resig­na­tion

During the 2016 pres­id­en­tial campaign, U.S. Supreme Court Justice Ruth Bader Gins­burg made comments telephone call­ing Donald Trump, then the presumptive Repub­lican pres­id­en­tial nominee, "a faker" and stat­ing "I can't imagine what the coun­try would be – with Donald Trump as our pres­id­ent." Donald Trump respon­ded in a serial of tweets describ­ing Justice Gins­burg as an "incom­pet­ent judge" and call­ing for her resig­na­tion.

Accus­a­tions that U.S. District Courtroom Gauge Curiel Is Biased

In response to U.S. District Courtroom Guess Gonzalo O. Curi­el's orders in a grade action lawsuit confronting Trump Univer­sity, then-pres­id­en­tial aboveboard­ate Trump made a number of state­ments attack­ing Gauge Curiel as biased because of his "Mexican herit­age" and appoint­ment by a Demo­cratic pres­id­ent.

Donald Trump said on CNN: "I've been treated very unfairly by this judge. Now, this judge is of Mexican herit­age, I'm build­ing a wall!" Trump contin­ued: "He's a member of a soci­ety where – you know – very pro-Mexico and that's fine, it's all fine, simply I think – I retrieve – he should recuse himself."

Trump'due south Rhet­oric About Courts Prior to Running for Pres­id­ent

Donald Trump's tweets prior to announ­cing his pres­id­en­tial aboveboard­acy display similar rhet­oric target­ing indi­vidual judges and the judi­ciary. Select examples are provided below.


felicianokeisheiled.blogspot.com

Source: https://www.brennancenter.org/our-work/research-reports/his-own-words-presidents-attacks-courts

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