Trump And The Hispanic Judge

Ken AshfordElection 2016Leave a Comment

Last week, Trump held a press conference on the day that he achieved (unofficially) the number of delegates to become the presumptive GOP nominee for President.  With all the news networks tuned in to his very word because — well, because they can’t help themselves — what did Trump say?  Rather than talk about what he would do as President, Trump unloaded an extraordinarily blistering public attack on Judge Gonzalo Curiel, who is overseeing the class-action lawsuit against Trump University:

“The judge was appointed by Barack Obama, federal judge. Frankly, he should recuse himself because he’s given us ruling after ruling after ruling, negative, negative, negative.” Mr. Trump also told the audience, which had previously chanted the Republican standard-bearer’s signature “build that wall” mantra in reference to Mr. Trump’s proposed wall along the Mexican border, that Judge Curiel is “Mexican.”

What happens is the judge, who happens to be, we believe, Mexican, which is great. I think that’s fine,” Mr. Trump said.

….“I think Judge Curiel should be ashamed of himself,” Mr. Trump said. “I’m telling you, this court system, judges in this court system, federal court, they ought to look into Judge Curiel. Because what Judge Curiel is doing is a total disgrace, OK? But we’ll come back in November. Wouldn’t that be wild if I’m president and I come back to do a civil case? Where everybody likes it. OK. This is called life, folks.”

As it happens, Curiel was born in East Chicago, Indiana, but hey, what’s a little race-baiting between Trump and a few thousand close friends and a few million TV viewers?

For his part, the judge did not respond, citing the Judicial Code of Conduct.

But why would Trump do such a thing?  I suspect he had found out what was coming down the pike.  You see, the Washington Post had filed a motion to unseal some documents in the trial, and one of their arguments was that since Trump was now the presumptive Republican nominee for president, that increased the public interest in these documents. And the judge agreed:

As an initial matter, the court must strongly presume the public interest in access. But “the interest in access to court proceedings in general may be asserted more forcefully when the litigation involves matters of significant public concern.” As the Post points out, the Ninth Circuit found that [Trump University] was a public figure for purposes of defamation.

….Subsequently, Defendant became the front-runner for the Republican nomination in the 2016 presidential race, and has placed the integrity of these court proceedings at issue. The Ninth Circuit has directed courts considering the public disclosure of litigation materials to take into account “whether a party benefiting from the order of confidentiality is a public entity or official; and…whether the case involves issues important to the public.”

It will be an interesting read when it is released.  Trump may not have realized that you can’t screw with the judiciary.