President Trump’s Attacks on the Courts May Come Back to Haunt Him

Dr. Reginal D. Harris, Esq. 

November 6, 2020

As the results of the 2020 Presidential Election are going through their legal counting process, I cannot help but wonder what is going through the mind of President Donald J. Trump. More specifically, now he needs the unfettered discretion of the very group of people he has denigrated time and time again - the Federal Judiciary.

"The President's Attacks on the Court"

During my third year of law school, I was fortunate to be selected for one of a few federal judicial externships in the United States District Court for the Southern District of Texas. Having worked on various cases for the court, I observed the fairness, thoughtfulness, and wisdom of federal judges as they willed their massive power of discretion.

The Brennan Center for Justice published an eye-popping article on the numerous negative and scathing tweets, comments, and remarks that President Trump published about the federal judiciary. Below are just a few of them. Judge for yourself whether you think the President is regretting some of the rhetoric he spewed on social media, in his speeches, and in interviews. The full article, In His Own Words: The President’s Attacks on the Courts, is available at https://www.brennancenter.org/our-work/research-reports/his-own-words-presidents-attacks-courts.

"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. Fear of personal attacks, public backlash, or enforcement failures should not color judicial decision-making, and public officials have a responsibility to respect courts and judicial decisions. Separation of powers is not a threat to democracy; it is the essence of democracy."

"U.S. District Court Judge Curiel Is Biased."

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

"Attack on Judge Amy Berman Jackson Following the Roger Stone Case" - In February 2020, Trump attacked Judge Amy Berman Jackson, the judge who is presiding over his former adviser Roger Stone’s pending criminal case in the U.S. District Court for the District of Columbia.

"Attacks on the Judiciary Following Asylum Ruling" - On November 20, Judge Jon Tigar of the U.S. Court of Appeals for the Ninth Circuit 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 Ninth Circuit as “really something we have to take a look at because it’s not fair,” adding, “That’s not law. Every case that gets filed in the Ninth Circuit we get beaten.”

"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 foreign policy campaign adviser, Carter Page. In a series of tweets, Trump first claimed that the Department of Justice and FBI “misled the courts.” Then Trump used the words of conservative writer Andrew McCarthy to directly attack the judges who authorized the FISA application.

"It just shows everyone how broken and unfair our Court System 

is when the opposing side in a case."

"Attacks on the Judiciary Following DACA Ruling" - On Tuesday, 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.' Trump tweeted "It just shows everyone how broken and unfair our Court System is when the opposing side in a case (such as DACA) always runs to the 9th Circuit and almost always wins before being reversed by higher courts."

"Critique of the Bergdahl Ruling" - Bowe Bergdahl, a former 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 by the Taliban. Trump tweeted, "Sgt. Bowe Bergdahl should face the death penalty for desertion - five brave soldiers died trying to bring him back. U.S. has to get tough!"

"Attacks on the Judicial System in Response to Terrorist Attacks" - On November 1st, 2017, Donald Trump made the following statement in response, calling the courts a "joke" and a "laughingstock." Trump also said he would "certainly consider" sending the suspect to the U.S. military prison in Guantánamo Bay. Trump tweeted: "I have just ordered Homeland Security to step up our already Extreme Vetting Program. Being politically correct is fine, but not for this!"

"The courts are not helping us I have to be honest."

"Attacks on Courts, and Judges Personally, for Staying Immigration Executive Orders" - On Friday, February 3, 2017, Washington U.S. District Court Judge James Robart issued a decision temporarily staying enforcement of Donald Trump’s January 27 executive order limiting immigration from seven predominantly Muslim countries and halting the admission of refugees from anywhere. On February 9, the Ninth Circuit denied the government's request for a stay of the district court's order. Trump issued a revised version of the immigration executive order on March 6, 2017, which narrowed the scope to six countries and exempted green card and visa holders, among other changes. On March 15, 2017, a federal judge in Hawaii temporarily blocked enforcement of the order nationwide, followed by a March 16 order by a federal judge in Maryland. On May 26, the Fourth Circuit, sitting en banc, upheld the stay of the travel ban. Trump said in a speech: "We're also taking decisive action to improve our vetting procedures. The courts are not helping us I have to be honest. It's 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."

"Trump made a number of statements attacking Judge Curiel as biased because of his “Mexican heritage.”

"Attacks on Courts for Blocking Sanctuary City Executive Order" - On Tuesday, April 25, California U.S. District Judge William Orrick III 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 status. Following the ruling, Trump made a series of tweets criticizing the courts and Judge Orrick. Although Trump’s comments referenced the Ninth Circuit, it was the U.S. District Court, which sits within the Ninth Circuit, that issued the relevant order.

"Calls for U.S. Supreme Court Justice Ginsburg’s Resignation" - During the 2016 presidential campaign, U.S. 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 country 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.S. District Court Judge Curiel Is Biased" - In response to U.S. District Court Judge Gonzalo O. Curiel’s orders in a class action lawsuit against Trump University, then-presidential candidate Trump made a number of statements attacking Judge Curiel as biased because of his “Mexican heritage” and appointment by a Democratic president.

I look forward to seeing how the counting and results conclude. More importantly, I shudder to think of how much work the law clerks across the country will have as they read briefs, more briefs, and even more briefs on the litigation that is sure to follow by both sides - Democratic and Republicans.

#AskDrReg #HelpingWarriorsSucceed #BlackLivesMatter #BlueLivesMatter #AllLivesMatter

Source: https://www.brennancenter.org/our-work/research-reports/his-own-words-presidents-attacks-courts. LAST UPDATED: February 14, 2020. PUBLISHED: June 5, 2017. Brennan Center for Justice New York Office, 120 Broadway, Suite 1750, New York, NY 10271. Washington DC Office, 1140 Connecticut Ave., NW, 11th Floor, Suite 1150, Washington, D.C. 20036.

Dr. Reginal D. Harris is a Texas licensed attorney, who is also admitted to practices law in before the Department of Veterans Affairs, Board of Veterans Appeals, U. S. Court of Appeals for Veterans Claims, U. S. District Court for the Southern District of Texas and the Western District of Texas. He serves as “Of Counsel” for the Law Offices of Bell & White, PLLC (San Antonio). His practice areas include Appellate Law, Business Law, Contract Law, Consumer Protection, Expert Witness (Pharmacy & Health Law), Family Law, and Veterans Appeals. He has published numerous articles on LinkedIn which can be read at linkedin.com/in/dr-reginal-d-harris-esq-72aa911. 

Follow him on Facebook, Twitter, and Instagram @AskDrReg.