Why Trump Is Correct to question Judge Curiel



A judge presides over a case between a major beverage manufacturing corporation and an individual claiming that the chemicals in the beverages caused him to have stomach ulcers. After hearing both sides, the judge decreed that the warning on the beverages is sufficient caution to individuals susceptible to ulcers. He exonerates the beverage company. Incidentally the judge’s son in law is on the board of directors of the beverage company.
The judge responds:  I have been a lawyer for twenty long years and a judge for eleven years. I have been commended for my impartiality. Do you think I should quit my job because my son in law happens to be connected with the beverage company? I never talk about my cases with my son in law. I acted independently.

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A judge presides over a case between the Israeli government and controversial Lebanese political outfit who critics’ terms are a terrorist organization. The Lebanese outfit claims that the Israeli government usurped their authority as it patrolled the Israeli border that led to violent assault on the volunteers of the Lebanese outfit. The judge orders that the Israeli government pay the Lebanese outfit a handsome compensation. Incidentally the Judge was an active member of the Free Palestine movement in the 70s and wrote several articles slamming Israel as a terrorist state.
The judge responds: Yes, I did participate in the free Palestine movement, but that was decades ago. Ever since I have become a judge I have never participated in any political movement. Kindly check my record. I have acted impartially.

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A judge presides over a case between former contestant and the owner of a beauty pageant. The former contestant claims she didn’t win the pageant because of her race. After hearing both sides the judge favors the former contestant and orders the pageant organizers to pay the former contestant half a million dollars as compensation. Incidentally, the judge is a feminist and also the judge is a member a radical left-wing groups known for going overboard in claiming racial discrimination.
The judge responds:  I am a feminist, women have been oppressed for long and we are now fighting for our rights. I am opposed to beauty pageants that has men ogling over women in bikinis. I support the group that you term as ‘radical left wing’ that fights against racial discrimination. Why would that disallow me from presiding over a case over my social work? I always am unbiased.

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We presume that judicial appointments are made after a thorough examination of the background of an individual regarding their understanding of the law, vast experience, sound judgement and track record ethical conduct at the workplace and beyond. But above soundness of the individual’s background is the matter of independence that must be considered before presiding over a case. Independence comprises of integrity, professional skepticism, intellectual honesty, objectivity and freedom from conflicts of interest. The federal code of conduct states that judges must not only be independent, but also must project the appearance of independence.

Now for the recent Trump University civil litigation. The case was presided by Judge Gonzalo Curiel. Curiel appointed the law firm Robbins Geller Rudman & Dowd to represent a plaintiffs. Incidentally the firm is known to be a supporter of the Democratic Party and has a long association with the Clintons. According to lawnews.com the firm paid Bill and Hillary Clinton a total of $675,000 for speeches since 2009. As recently as September, 2014, Mrs. Clinton was paid a handsome $225,000 for a speech at the firm. Robbins Geller has been aggressive in pursuing the case and pushing for Trump to testify. The second firm selected by Judge Curiel is Zeldes Haeggquist & Eck LLP. Incidentally this firm has a senior partner who is a major contributor to the Obama campaign. She also donated to the notorious MoveOn.org that allegedly participated in disruption of Trump rallies. Judge Curiel is a member of La Raza Lawyers that is associated with the Hispanic National Bar Association who had sent out a press release urging people to boycott of all of Trump business ventures. One of the things Judge Curiel did is granting a request by the Washington Post for public release of certain documents that had been filed in the case.

As stated earlier, it is not just independence but the perception of independence that is equally vital. The choice of law firms for the plaintiff, the decision to release of documents about the case to the media and the Curiel’s associations with La Raza certainly merit questioning the independence of the preceding judge. Trump has every reason to be suspicious of the fairness of Judge Curiel. It must be remembered that it is in the interest of the Democrats, the Clintons and some indignant establishment Republicans (who could not prevail against Trump in the primaries) that this case run for a prolonged period of time during the election. They would want every aspect of the case be covered extensively with the hope that a cloud of doubt would engulf Trump. They tried every trick in the book during the primaries and Trump prevailed to be the nominee. They know that have very little chance at stopping Trump from becoming the next president, these are petty ploys emanating out of sheer desperation to curb Trump phenomenon.

The only way to resolve this will be for Judge Curiel to do is to recuse himself from the case. There also needs to be a complete new review the case, the choice of law firms for the plaintiff and the decision to share documents with the media.

It is essential that every citizen respects the laws and has complete faith in the judiciary, but that doesn’t make the law and the proceeding in the courts beyond reproach. The courts are run by citizens with a purpose to serve the citizens and hence every citizen must have the right to challenge the courts if they feel even a smidgen of unfairness. Many have also noted that Trump could have easily settled these matters out of court by paying what would have been small amounts by his standards to the accusers. This is quite often ways that guilty parties deal with their crimes. For example Bill Clinton paid Paula Jones $850,000 as settlement after she filed a sexual harassment suit against him. But instead Trump chose to face them in court which clearly suggests that he knows that he has done nothing wrong. The next thing to do for the Trump campaign is to clearly state the issues with the case with to clear all doubts in the minds of fair minded voters. This will put an end to all the baseless allegations and will enable a focus back on vital issues such as the jobs, economy and security.

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