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Trump Justice Department Wars Are Off Limits to Court Review

Written By Wednesday, April 20, 2022 Add Comment Edit

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

This threatens our unabridged 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 dorsum­lash, or enforce­ment fail­ures should not colour judi­cial decision-making, and public offi­cials accept a respons­ib­il­ity to respect courts and judi­cial decisions. Separ­a­tion of powers is not a threat to demo­cracy; it is the essence of demo­cracy.

Collec­ted below are examples of Trump'due south public state­ments attack­ing indi­vidual judges and ques­tion­ing the consti­tu­tional writer­ity of the judi­ciary, includ­ing his state­ments on Twit­ter. It will be updated with new state­ments.

Assail on Justices Sonia Soto­mayor and Ruth Bader Gins­burg

On Febru­ary 24, Trump targeted U.S. Supreme Courtroom Justices Sonia Soto­mayor and Ruth Bader Gins­burg, demand­ing that the two justices should recuse them­selves from any cases that he is involved in.

The attacks came after Justice Soto­mayor authored a dissent criti­ciz­ing the Supreme Courtroom'southward determination to tempor­ar­ily block a lower court ruling forbid­ing 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 5. Melt County, Justice Soto­mayor wrote that putting a lower courtroom'southward determination on hold while the govern­ment appeals that decision is an "extraordin­ary" deed, appro­pri­ate only when the govern­ment can testify urgent and irre­par­able harm if their request is not gran­ted. Soto­mayor said that, "Merits­ing one emer­gency after another, the govern­ment has recently sought stays in an unpre­ced­en­ted number of example­south…And with each success­ive applic­a­tion…its cries of urgency ring increas­ingly hollow." "Information technology 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 it, " Soto­mayor wrote.

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

Assail on Approximate Amy Berman Jack­son Follow­ing the Roger Stone Case

In Febru­ary 2020, Trump attacked Estimate Amy Berman Jack­son, the judge who is presid­ing over his sometime adviser Roger Stone'due south pending crim­inal case in the U.S. District Court for the Commune of Columbia. Final Novem­ber, Stone was bedevilled of lying to congress, witness tamper­ing, and obstruct­ing an invest­ig­a­tion by the U.Southward. House of Repres­ent­at­ives. The attacks came later on the Depart­ment of Justice recom­men­ded a sentence of 7–nine years for Stone. In a series of tweets published in Febru­ary, Trump criti­cized this recom­mend­a­tion, and as a result, the Depart­ment of Justice indic­ated it would seek a shorter judgement for Rock, prompt­ing four career prosec­utors to with­draw from the example. Judge Jack­son Berman is sched­uled to make a final ruling in Rock's instance on Febru­ary 20.

Attacks on the Judi­ciary Follow­ing Asylum Ruling

In Novem­ber 2018, Trump announced new rules that would bar anyone cross­ing the U.S.-Mexico border not through an offi­cial port of entry from receiv­ing aviary. On Novem­ber twenty, Judge Jon Tigar of the U.S. Courtroom of Appeals for the Ninth Excursion ordered the admin­is­tra­tion to accept asylum claims regard­less of where migrants entered the coun­try. Trump called the decision "a disgrace, " attacked Tigar as "an Obama judge, " and critiqued the 9th Circuit as "really some­thing we have to take a expect at because it'due south non fair, " adding, "That'due south not law. Every example that gets filed in the 9th Excursion we get beaten."

In a rare response, Master Justice John Roberts told the AP that the U.S. does­northward't have "Obama judges or Trump judges, Bush judges or Clin­ton judges. What we have is an extraordin­ary group of dedic­ated judges doing their level best to exercise equal right to those appear­ing before them." Roberts added that "The inde­pend­ent judi­ciary is some­matter nosotros should all be thank­ful for."

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


Trump so sugges­ted break­ing upwardly the 9th Circuit, a move that a Rep. Darrell Issa [R-CA] proposed in Septem­ber 2018.


The 24-hour interval after Roberts' response, Trump contin­ued to refute the Primary Justice and decried "Judi­cial Activ­ism":

Carter Page FISA Applic­a­tion

On July 22, 2018, the Trump Admin­is­tra­tion released a previ­ously clas­si­fied Foreign Intel­li­gence Surveil­lance Human action (FISA) warrant applic­a­tion regard­ing Trump's quondam strange policy entrada adviser, Carter Page. Organ­iz­a­tions similar 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's invest­ig­a­tion, to fence that the wiretap applic­a­tion relied also heav­ily on the unveri­fied Steele dossier, and to fence that Mueller's invest­ig­a­tion must end. In a serial of tweets, Trump first claimed that the Depart­ment of Justice and FBI "misled the courts":

Then Trump used the words of conser­vat­ive author Andrew McCarthy to directly assault the judges who author­ized the FISA applic­a­tion:

Attacks on the Judi­ciary Follow­ing DACA Ruling

On Tues­day, Janu­ary ninth, 2018, District Court Estimate William Alsup tempor­ar­ily blocked the Trump admin­is­tra­tion from ending the Deferred Activity for Child­hood Arrivals (DACA) program, primary­tain­ing protec­tions for 'Dream­ers.' The Trump admin­is­tra­tion appealed Alsup'due south decision. Follow­ing Alsup'south ruling, Trump tweeted:

Critique of the Berg­dahl Ruling

Bowe Berg­dahl, a sometime U.S. Army soldier, walked away from his unit and was captured by the Taliban in 2009. From 2009 to 2014, he was held captive past the Taliban. In 2014, the Obama admin­is­tra­tion brokered a pris­oner commutation, and ulti­mately, the Taliban released Berg­dahl in exchange for five Guantanamo Bay detain­ees.

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

In one spoken communication, Trump argued,

"So we get a traitor named Berg­dahl—a muddy rotten trait­or—who, by the way, when he deser­ted, six young, beau­ti­ful people were killed trying to find him, and you don't even hear about them anymore. Someone said the other day, well, he has some psycho­lo­gical prob­lems – well, you know, in the old days, bing, bell—when we were stiff, when we were strong. So nosotros become Berg­dahl, a traitor, and they get v of the people that they most wanted anywhere in the world, 5 killers that are right now dorsum on the boxing­field, doing a job. That'south the kind of deals we brand."

Follow­ing these comments, Berg­dahl's lawyers filed a motion in 2016 to dismiss the charges pending against him, arguing that Trump'southward comments precluded Berg­dahl from receiv­ing a fair trial. This motion 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, merely did not receive a prison sentence. In response, Trump tweeted,

Attacks on the Judi­cial System in Response to Terror­ist Attacks

On Tues­day, Octo­ber 31st, 2017, a terror­ist attack in Manhat­tan led to viii deaths and several seri­ous injur­ies. The doubtable saidhe drew inspir­a­tion from ISIS. On Novem­ber 1st, 2017, Donald Trump fabricated the follow­ing state­ment in response, call­ing the courts a "joke" and a "laugh­ing­stock." Trump also said he would "certainly consider" send­ing the doubtable to the U.S. milit­ary prison in Guantá­namo Bay. Trump stated:

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

We need quick justice and we need strong justice — much quicker and much stronger than we have right now. Because what we accept right at present is a joke and information technology's a laugh­ing­stock. And no wonder so much of this stuff takes identify. And I think I can speak for plenty of other coun­tries, as well, that are in the same situ­ation."

Trump followed this country­ment with a Tweet:

Trump then switched from advoc­at­ing the suspect exist sent to Guantá­namo Bay, to advoc­at­ing he receive the expiry punishment.

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

On Friday, Febru­ary 3, 2017, Wash­ing­ton U.S. District Courtroom Judge James Robart issued a decision tempor­ar­ily stay­ing enforce­ment of Donald Trump'south Janu­ary 27 exec­ut­ive guild limit­ing immig­ra­tion from seven predom­in­antly Muslim coun­tries and halt­ing the admis­sion of refugees from anywhere. On Febru­ary nine, the Ninth Circuit denied the govern­ment's request for a stay of the district courtroom's lodge. Trump issued a revised version of the immig­ra­tion exec­ut­ive club on March 6, 2017, which narrowed the telescopic to six coun­tries and exemp­ted green carte du jour and visa hold­ers, among other changes. On March 15, 2017, a federal judge in Hawaii tempor­ar­ily blocked enforce­ment of the social club nation­broad, followed by a March xvi lodge by a federal guess in Mary­land. On May 26, the 4th Circuit, sitting en banc, upheld the stay of the travel ban.

Trump has fabricated a series of tweets and public state­ments attack­ing the decid­ing judges person­ally, ques­tion­ing the writer­ity of federal courts to review his orders, suggest­ing the court is biased, and propose­ing that the judges and court organization would be to blame for future terror­ist attacks.

Comments Concern­ing March 6 Exec­ut­ive Lodge

On June 3, 2017 and once more on June 5, 2017, follow­ing a terror­ist attack in London over the week­terminate, the Pres­id­ent tweeted the follow­ing state­ments:

He has also said the follow­ing country­ments over the grade of the last few months at public events, speeches, and tele­vi­sion inter­views:

"Nosotros're also taking decis­ive activity to improve our vetting proced­ures. The courts are not help­ing united states of america I have to exist honest. It'due south ridicu­lous. Some­body said I should not criti­cize judges, Okay, I'll criti­cize judges. To keep crim­in­als and terror­ists the hell out of our coun­try, we are keep­ing these prom­ises and many, many more."

"Moments ago I learned that a commune court in Hawaii, office of the much over­turned Ninth Circuit Courtroom. And I have to be overnice, other­wise I'll be criti­cized for speak­ing poorly virtually our courts. I'll be criti­cized past these people, among the most dishon­est people in the world, …for speak­ing harshly about our courts. I could never desire to do that."

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

"I know you aren't skep­tical people. Y'all don't think this was done by a gauge for polit­ical reas­ons practice you? This ruling makes us expect weak, which we no longer are, believe me."

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

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

Comments Business organisation­ing Janu­ary 27 Exec­ut­ive Social club

"I don't e'er want to call a court biased, and then I won't call information technology biased…Only courts seem to be so polit­ical."

Comments Follow­ing Barcelona Terror­ist Set on

Follow­ing a terror­ist attack in Spain, Trump made the follow­ing tweets on August 18. Trump argued his travel ban would foreclose terror­ist attacks, but for Demo­crats "usa[ing] the courts" to prevent his agenda.

Attacks on Courts for Cake­ing Sanc­tu­ary Metropolis Exec­ut­ive Order

On Tues­day, April 25, Cali­for­nia U.S. District Judge William Orrick 3 gran­ted a prelim­in­ary injunc­tion, block­ing the imple­ment­a­tion of Donald Trump's exec­ut­ive order with­hold­ing federal funds from "sanc­tu­ary cities"—those that limit how they cooper­ate with the federal govern­ment to deport immig­rants lack­ing legal condition.

Follow­ing the ruling, Trump made a series of tweets criti­ciz­ing the courts and Guess Orrick. Although Trump'south comments refer­enced the Ninth Circuit, it was the U.S. District Court, which sits within the Ninth Excursion, that issued the relev­ant gild.

The White Firm also issued a land­ment, saying "the rule of law suffered some other blow, as an unelec­ted gauge unilat­er­ally rewrote immig­ra­tion policy for our Nation." It contin­ued: "This San Fran­cisco judge's erro­neous ruling is a souvenir to the crim­inal gang and dare chemical element in our coun­try, empower­ing the worst kind of human traf­fick­ing and sexual activity traf­fick­ing, and putting g­sands of inno­cent lives at risk." Finally, it airtight by call­ing the determination "yet ane more example of egre­gious over­reach by a unmarried, unelec­ted district judge."

On April 26, Trump gave an inter­view in which he said he has "abso­lutely" thought nearly interruption­ing up the Ninth Circuit. He contin­ued: "Every­body imme­di­ately runs to the 9th Excursion. And we have a big coun­try. Nosotros have lots of other loca­tions. But they imme­di­ately run to the 9th Circuit. Because they know that's like, semi-automobile­matic." He as well said: "You see estimate shop­ping, or what'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.Due south. Supreme Court Justice Gins­bur­m's Resig­na­tion

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

Accus­a­tions that U.Due south. District Courtroom Gauge Curiel Is Biased

In response to U.S. Commune Court Gauge Gonzalo O. Curi­el'south orders in a course activity lawsuit against Trump Univer­sity, then-pres­id­en­tial candid­ate Trump made a number of country­ments set on­ing Judge Curiel as biased because of his "Mexican herit­historic period" and appoint­ment by a Demo­cratic pres­id­ent.

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

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

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


parkhimparienge.blogspot.com

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

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