Trump Takes Aim at Appeals Court, Calling It a ‘Disgrace’
In response to this article in the New York Times, Bernie Sanders writes: This is just the latest in a long stream of attacks Trump has made against the judicial branch and judges who don’t agree with him. It is extraordinary how little this president cares about the Constitution, the rule of law or the separation of powers.
Americans stand at a crossroads. We’re at liberty to believe either:
a) the judiciary branch, along with the military and intelligence communities are a disgrace, or
b) Trump himself is.
Unless you want to remain entirely uninvolved in U.S. politics, you need to pick one or the other.
Craig,
Ah well, who could argue with such impartial sources as Sen Bernie Saunders and the NYT !
Craig,
To be fair, the President is not alone in his criticism of the conduct of Judge Jon S. Tigar, of the United States District Court in San Francisco, and the US Ninth Circuit, although in his frustration and anger he’s perhaps less tempered in his comments.
The (The Ninth Circuit has a high record of reversals by the US Supreme Court and Judge Jon S. Tigar, always a controversial Obama appointee, is no exception.
With 16 Democrat appointees and only seven Republicans, it’s easy to understand the President’s allegation of a perception of bias.
One of the problems is the President is not a lawyer. Worse still he seems to have no really talented lawyers in his team, ( and probably doesn’t listen to those he has)as a result he grows frustrated with checks and balances, often misinterpreting the courts reluctance to accept poorly drafted orders and regulations, as opposition to what he’s trying to accomplish or bias toward his policies.
His anger at the courts refusal to endorse his attempt to close a loophole and prevent illegal migrants simply crossing the border illegally, applying for asylum, never show up for an asylum hearing and join the ranks of the millions of illegal aliens already living in America, is understandable.
The administration’s new rule was aimed at putting a stop to this practice.
Judge Jon Tigar, found the new ruled denied protections to people guaranteed by the constitution ”.
Obviously, the President argues the constitution gives the administration the power to enforce migration requirements.
Both the Judge and the President behaved badly. The Judge is openly contemptuous of the President and reported openly expressed his dismay at “Trump’s attacks on President Obama’s great legacy”. (Although, he didn’t express those remarks from the bench).
In this case Judge Tigar’s judgement has some pedantic merit in that the constitution does provide for natural justice and due process.
The President argues the illegality of entry removes the right for an illegal migrant to due process.
The fault lies with the President. Claiming asylum is lawful, even if the entry was illegal (defense of necessity) and simply because it’s abused by others, doesn’t mean it can be withheld from any single individual for administrative convenience.
The administration needs to rethink the rule and construct a regulation in in a manner acceptable to constitutional challenges.
If that’s not possible, then the President must bite the bullet and persuade Congress to amend the legislation.
As President, these are lessons Donald Trump must learn is he is to make the transition from CEO to democratic executive.
Judge Jon Tigar, must also decide whether he wants to be a judge or a politician. Judges must not decide of the value of legislation, simply whether it conforms to the constitution. Judges must remain apolitical.