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Senior Judge Paul L. Friedman Criticizes Trump for Attacking Judicial Independence



"We are in unchartered territory," says Friedman, 75, who was appointed to President Bill Clinton. "We are witnessing a CEO who criticizes virtually every judgment that does not go his way and humiliates the judges who rule on him, sometimes in a very personal way. He seems to regard the courts and the justice system as obstacles that must be attacked and undermined, not as a counterpart that must be respected, even when he disagrees with his decisions. "

The White House did not immediately return an early request for comment Friday in Friedman's speech.

Other judges expressed similar concerns about Trump's rhetoric and the increasingly partisan interpretation of the judgments, but as a senior judge and secretary of the American Law Institute, Friedman's criticism is heavy.

Trump denied. judges who have stopped some of his administration's hottest discussion policies, including his threats to withhold federal funds from sanctuary cities and his attempt to end the Deferred Arrivals for Children Arrivals Program (DACA), which protects against deportation of young IDUs immigrants brought to the United States as children. The president has also attacked judges for decisions that negatively affect him personally.

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7, Trump tweeted how the judge's decision not to imprison Bow Bergdahl, an army sergeant captured by the Taliban in 2009 after leaving the battalion in Afghanistan, was "a complete disgrace to our country and to our military. "In the wake of the campaign, then-candidate Trump suggested that Bergdahl was a" dirty rotten traitor "who should be sentenced to death. [19659002] Trump also attacked U.S. District Judge Gonzalo Curiel when a federal lawyer from the Southern District of California was appointed to lead a fraud case involving Trump University's Seminary Real Estate Program. Trump has suggested that Curiel, appointed to President Barack Obama, cannot remain impartial in the case because of his Mexican heritage, despite the fact that a federal judge was born in Indiana and the case had nothing to do with immigration or foreign affairs. In the end, Trump settled the case, claiming that the seminars used false advertising to entice participants for $ 25 million.

"I have a judge who hates Donald Trump," said the then-candidate in May 2016, describing Curiel and accusing him of bias because of his ethnicity. Later, Curiel was appointed to rule on Trump's plans to build a wall at the US-Mexico border and rule in favor of the president.

Friedman challenges Curiel to criticize Trump for encouraging others to lobby for "personal hominem attacks" against judges. .

"It was beyond a dog whistle," he said of Trump's comments on Kuriel's ethnicity. "That was a cry."

Trump also cited decisions he disliked as "tyranny of the judicial system" and "a gift for the criminal and cartel element in our country," Friedman noted. He listed the ways Trump disgraced the judges: "so-called judge", "shameful" and "political", "complete and total disaster".

A federal judge also recalled a political promise Trump made to voters that he said threatened the independence of the judiciary: "If they were my judges," Friedman said, telling Trump during his campaign in June 2016, "you know how will they decide. "

Friedman reprimands Trump for his political attacks on judges He noted that Trump is not the first president to accuse the judiciary of excessive action, political politics and "bench legislation." Thomas Jefferson tried to make the positions of federal judges for elected positions. Franklin D. Roosevelt tried to add six friendly judges to the Supreme Court – "a bad idea and a bad idea now," Friedman said, and Dwight D. Eisenhower later cited the appointment of Earl Warren as U.S. Chief Justice. his big mistakes. none of those former presidents use rhetoric as inflammatory as that of Trump, who is "significantly different," a federal judge said.

"This is not normal," he said. "And I would like to say that both in the conversational sense and in the sense that this kind of personal attack on courts and individual judges violates all recognized democratic norms."

Friedman said he did not object to the criticism of the judges, but suggested he self-interest and political contempt has escalated to unacceptable levels in recent years. He also criticizes journalists and other politicians who, according to him, increasingly identify judges from the president who appointed them.

"The reality is that when the Trump administration loses cases in the courts, it's not because of the Clinton or Obama judges," Friedman said, "but because of judges trying to follow the law and the Constitution. "

Friedman took the final blow at Trump in his concluding words, criticizing the president's tendency to disprove the truth.

" In contrast, in the other two branches of government, courts are charged with making fact-based decisions, " he said, "never the alternative facts. "


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