Federal Judges, Immigration, Politics

This Is Why You Never Make Racist Attacks Against A Federal Judge

If we're being honest, is this good news or bad news for Trump?

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Donald Trump (Photo by Win McNamee/Getty)

Donald Trump (Photo by Win McNamee/Getty)

Actually, there are a TON of reasons not to make racial attacks against a federal judge — or against anybody else, for that matter — so maybe this headline should be this is “one of the more selfish reasons not to attack a federal judge” or something like that. In any event, now that Donald Trump’s removed the leash from Customs and Border Patrol and put a moron with no conception of prosecutorial discretion in charge, the agency was bound to end up deporting someone who apparently has legal status. And of course as soon as they did the case would end up in front of Judge Gonzalo Curiel.

But, if we’re being honest, is this good news or bad news for Trump?

For those who don’t recall, Judge Curiel is the Indiana-born federal judge who oversaw several complaints against Trump University and weathered a barrage of racist attacks from Trump on the campaign trail. For example:

I have a Mexican judge. He’s of Mexican heritage. He should have recused himself, not only for that, for other things.

Judge Curiel noted that this sort of talk “placed the integrity of these court proceedings at issue,” which seemed like an exaggeration at the time because who actually took anything Trump said seriously? Indeed, that was the fundamental problem with at least the New York state prong of the Trump University case: what kind of moron seriously thought that was an actual school? Apparently Judge Curiel had a better sense of Trump’s influence all along.

Juan Manuel Montes, a 23-year-old with DACA status to remain in the United States through at least January 2018, was deported to Mexico on February 17 by law enforcement after leaving a friend’s house. He made his way back to America and promptly turned himself into border agents — presumably hoping that someone would check and figure out that he shouldn’t have been deported in the first place. They deported him again. According to Homeland Security, his DACA status expired two years ago… when that was disproven, they claimed he illegally left the country at an unspecified time in the past, violating his status. Already radically altering the story to cover your asses, eh? Not a good look, DHS! Montes filed suit seeking this mysterious evidence that he violated the terms of DACA.

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And who gets randomly assigned to hear this proxy battle over immigration policy? For that, a brief diversion to 24 Hour Party People:

There it is, the wheel that throughout the centuries has been used as a symbol for the vicissitudes of life. Boethius himself in his great work ‘The Consolation of Philosophy’ compares history to a great wheel, hoisting us up, then dropping us down again. “Inconsistency is my very essence” -says the wheel- “Raise yourself up on my spokes if you wish, but don’t complain when you plunge back down” Now spin the wheel.

Judge Gonzalo Curiel! Considering Trump didn’t think the judge could fairly preside over a real estate seminar scam case because his parents were from Mexico, one can imagine the bile he’s spewing in the Oval Office about Judge Curiel hearing an immigration case that puts his administration’s rhetoric in the media’s crosshairs. Because let’s be clear: Judge Curiel isn’t going to let his past dealings with Trump sway him. He’s a competent judge more than capable of evaluating a complaint against a government agency multiple steps removed from Trump — even if there is in a broad sense a link between his administrative outlook and how that agency handles itself. The problem for Trump isn’t Judge Curiel as much as it’s the gift-wrapped media narrative of Judge Curiel hearing this case.

Then again, maybe this is what Trump needs. Based on what we’ve seen so far, this sounds like an agency screwup that could earn a biting benchslap for an overzealous response and a bumbling potential coverup. But Judge Curiel, already with all eyes on him, may hold back the rhetorical gunpowder another judge might employ. Plus, no one can flip the narrative better than Trump. He doesn’t even worry about turning negatives into positives. He can get everyone talking about Judge Curiel and bias and how uncalled-for his prior racist attacks were and just let the matter of an agency’s potential misconduct slip into the noise. If he loses, it gets tainted by ginned-up accusations of bias. If he wins, it’s because DHS was right all along.

No other judge could provide Trump such a perfect out for this mess.

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Judge Curiel, Once Criticized by Trump, Gets Deported ‘Dreamer’ Case [NBC News]

Earlier: Donald Trump Slams Federal Judge In That Racist Way Only Trump Can
Donald Trump Continues To Spew Vitriol About ‘Hater’ Judge

HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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