#Donald Trump has gotten the worst press of his campaign for his recently “racist” comments about the judge, Judge Gonzalo Curiel, presiding over his Trump University Fraud case. Trump specifically said the following:
We’re in front of a very hostile judge,” “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.”
Many people, including me at first, presumed the statements were racist. The immediate presumption is that he is saying that a person of Mexican heritage is disqualified to be a judge. It must be noted that this Judge was born in Indiana. Which, unequivocally, makes him a an American. However, I must say that after careful evaluation of what Trump said over the weekend, I must disagree with the exact criticism of Donald Trump.
Let me explain why I disagree with the analysis on this issue thus far, which I know that MSM will not report because it’s a rating disaster. In the law there is something called “bias“. Every Judge is precluded from being bias or partial, for example, a judge would have to recuse them self from a case involving their wife or children; a judge would be precluded from presiding over a case where he serves on the board or is close member. It is inherent in our jurisprudence that cases must not be plagued with any form of bias. Bias in the judiciary cause distrust by the general public and once the general public loses faith, they distrust the Rule of Law and will not abide. It’s imperative that if there is anything, that could make a Judge bias against a party in a case, that bias must be removed.
Donald Trump presumes that because he wants to “build a wall” on the southern border with Mexico and because the Judge in this case is of Mexican heritage, he is giving “Trump” poor rulings. Trump has the right to criticize rulings in a case and I do not think anyone disputes this either. He also has the right to presume there may be bias based on the fact that he has said things that have offended the ancestors of this Judge and maybe some of his family members. In Trump’s narcissistic world, he feels that the only reason someone does not agree with every word he says is because something is wrong with that person. In this instance it is because the judge has Mexican ancestry and therefore must be ruling against him because he wants to build a wall on the southern border. It must be noted as well, Trump did not say that a Mexican was inherently disqualified from being a judge, but that they would likely be bias if they preside over his case because of what he said about the border, what he said about them not sending “their best” they are bringing “drugs”, “committing crime”, “they’re rapist”… all that craziness.
While this case started before Trump’s inflammatory comments; therefore, it is hard to know whether he’s claiming the bias existed all along. However, it is not hard to believe that this Judge could be offended by those statements and thusly rule according to his disdain. Remember, judges are human. They have their own prejudices, biases, beliefs. They aren’t robots that get facts fed to them and they spit out a result. Therefore, the judge could be biased just like a Black judge could feel bias about presiding over a KKK members case even as minor as a contract dispute. Trump’s problem is that he’s made so many inflammatory comments and couple them together it leads to only one conclusion – racism. However, no one is actually taking the time to analyze what he said and the real issues with his statements.
This is not what people should be mad at Trump for, at least not primarily. Trump’s biggest problem is that he may be the most inarticulate person to ever run for office – there have been some interesting ones too, GWB comes to mind. People are using this as grounds for confirmation that Trump is a racist, as if that ends the issue. The problem is Trump’s authoritarian philosophy. Anyone that does not bow to his authority is disqualified from presiding over anything related to him. With all the people Trump has offended, from the media to the most obscure amongst us, there is no one that is worthy, in Trump’s mind, to preside or judge him unless they will do EXACTLY what he wants. As he said, he would not say this about the judge if he got “fair” rulings. What I find most troubling about Trump’s statements are not those that involve ethnicity. It is the fact that Trump is magnificently ignorant; his narcissism is unparalleled. He is attempting to mold the United States into a country that is no longer The United States of America, but the United States of Trump.
He is attempting to litigate this case in the media, which taints the jury pool and sends messages (essentially threats) to the Judge by posting the Judges name so he can suffer vitriol and racist rants from Trump fanatics. He is using his power as the #GOP nominee to crush anyone or thing that he finds to be an obstacle or just merely won’t immediately capitulate to him. He has undermined our judiciary by negating the authority of the Judge on this case and make a complete spectacle of our Judiciary. He is creating a culture where we no longer have to revere or respect Judges, because apparently if we do not like “unfair” rulings, we can protest publicly, not in court, to remove the Judge from our case. He’s disrespecting the rule of law that he campaigned on which is to respect our public servants. Essentially what he is saying is respect our public servants as long as they respect “Trump”.
The ethnicity of the judge has nothing to do with the absurdity of Trump’s statements. The ethnicity of the Judge can be presumed to be a bias in his case even if it is factually misguided. Trump was NOT attacking the Judge because of his ethnicity, he’s attacking him because the judge won’t give him what he wants. The ethnicity was the only logical conclusion Trump came up with in is increasingly paranoid mind. This case is very damaging to Trump and Trump is attempting to bully his way to victory. If the judge was a woman, he’d say the same thing. If the Judge was a white male who knew Megyn Kelly, he would say the same thing. If the Judge was a white man who knew Jeb Bush he’d say the same thing. Trump made a calculation to manipulate the outcome of his case. He felt that people would accept that a judge of Mexican ancestry would be believed, by his racist base, to be discriminating against Trump. They will get infuriated or maybe scare the Judge to recuse himself so that a new judge will come in and dismiss the case. In his fantasy world that’s the outcome he is predicting. So far it is not working and Trump is doubling down on it. But if you have followed Trump’s campaign as I have, I have noticed a pattern of behavior that’s unsettling. If this Judge would have done everything Trump wanted his ethnicity would be hailed as a great thing by Trump – just think about it!
If you are upset with him because of what you presume to be racism, then you have missed what is implicitly wrong with his statements. He wants to be the Monarch of the United States. He has no interest in any disagreeing with him or any deflection. If you do not do as he commands your career is toast. If this philosophy is ever adopted by this country, we might as well nullify the constitution. I don’t want to live under King Henry VIII, or King Trump I, no thanks!