Posts Tagged ‘Donald Trump’

Donald Trump inveighs against federal judge hearing Trump U. case

Last night, before a convention center filled with his followers in San Diego, presidential candidate Donald Trump chose to launch a lengthy diatribe against the local federal judge hearing the case against his Trump University. Trump said Judge Gonzalo Curiel, of the Southern District of California, should recuse himself, but cited no reasons for why other than that he had been appointed by Obama and had repeatedly ruled against Trump’s lawyers.

In his rambling remarks, Trump also referred to Judge Curiel as “Mexican”: the jurist, previously the chief federal prosecutor for drug cases in southern California, was born in Indiana. Stoking by repetition, as his crowd of thousands booed, Trump called the federal judge “a hater of Donald Trump, a hater. He’s a hater,” and said he should be placed under investigation by the court system. I wonder whether anyone will be shocked if the judge requests personal protection for himself and his family as the trial proceeds.

Obama’s 2010 State of the Union remarks railing at the Justices of the Supreme Court in their presence regarding Citizens United were bad. This is far worse: the case is still in progress, Trump is a party, and the attack is on a single judge who will now find his task of ensuring a fair trial complicated. Trump, who speaks regularly around the country, chose to unleash the diatribe in the locality where the judge and others who will participate in the case, such as jurors, work and live. [More: David Post]

Law professor Josh Blackman, active in the Federalist Society, writes as follows:

His jaw-dropping comments reflect an utter ignorance about what judges do, and amounts to a dangerous attacks on the fairness of our court system. Whatever negligible good will he built up by nominating a list of solid potential nominees to the Supreme Court was squandered with this scurrilous attack. Those who defended his selection process should immediately rebuke him for these baseless insults….

I am speechless. Absolutely, and totally speechless. I was highly critical of President Obama’s attacks on the Court. I cringe to think what will happen when the Supreme Court rules against [Trump].

This might be a good time to catch up, if you haven’t, on the legal saga of Trump University, which I’ve been following for more than a year (when I first looked into it as part of my research into the work of New York Attorney General Eric Schneiderman). Some coverage: Jillian Kay Melchior/NRO last July, Emma Brown/Washington Post last September, Ian Tuttle/NRO in February, Roger Parloff/Fortune, Joe Mullin and Jonathan Kaminsky/ArsTechnica. In the San Diego proceedings, one law firm ranged against Trump is Robbins Geller, descendant of convicted class-actioneer Bill Lerach’s Lerach Coughlin, and the subject of some less than flattering coverage in these columns over the years.

International free speech roundup

  • Tonight in New York City, Cato presents its Milton Friedman Award to Danish journalist Flemming Rose, a key figure in the [still-ongoing] Mohammed cartoons episode, and author of The Tyranny of Silence [David Boaz, Cato]
  • Troubles in Turkey: journalists sentenced to two years in jail for reprinting Charlie Hebdo cover [Reuters, Reason] Erdogan’s campaign against foreign critics assumes extraterritorial reach with complaints against comedian in Germany and Geneva exhibit [Colin Cortbus/Popehat, Foreign Policy]
  • Ya mad wee dafty: “Man faces hate crime charge in Scotland over dog’s ‘Nazi salute'” [Guardian]
  • Publish a “wrong” map of India, face seven years in jail and a huge fine [Hindustan Times; “crore” = 10 million]
  • United Kingdom man fined £500 for calling romantic rival “fat-bellied codhead. [Blackpool Gazette]
  • Emulating USA tycoon D. Trump, China pressures finance analysts against negative forecasts [WSJ, Barron’s on the Marvin Roffman story, which I used to tell when giving speeches on my book The Litigation Explosion]

Supreme Court and constitutional law roundup

Donald Trump vs. the Washington Post

Do you think Donald Trump is the first U.S. politico to menace publishers over bad coverage? Not even close. My new Cato piece cites a few examples from a depressingly long history. Plus: reprinted at Newsweek.

Bonus: Sen. Sherman Minton (D-Ind.) who put forth the remarkable proposal to make it “a crime to publish anything as a fact anything known to be false,” and who had led a Senate committee’s investigation of the Gannett newspaper chain over its (then) Republican-leaning politics, was later nominated by President Harry Truman to be an associate justice on the U.S. Supreme Court, where he served for seven years and became a leading exponent of judicial deference to the executive branch.

Politics roundup

  • Disparage at thy peril: three Democratic lawmakers demand FTC investigation of private group that purchased $58,000 in ads disparaging CFPB, a government agency [ABC News] So many politicos targeting their opponents’ speech these days [Barton Hinkle]
  • A pattern we’ve seen over the years: promoting himself as outspoken social conservative, trial lawyer running for chairman of Republican Party of Texas [Mark Pulliam, SE Texas Record]
  • Some of which goes to union political work: “Philly Pays $1.5 Million to ‘Ghost Teachers'” [Evan Grossman, Pennsylvania Watchdog via Jason Bedrick]
  • “However objectionable one might find Trump’s rhetoric, the [event-disrupting] protesters are in the wrong.” [Bill Wyman/Columbia Journalism Review, earlier]
  • Hillary Clinton’s connections to Wal-Mart go way back, and hooray for that [Ira Stoll and column]
  • I went out canvassing GOP voters in Maryland before the primary. Here’s what they told me. [Ricochet]

West Hollywood: the sequel

One thing I like about running Overlawyered is that its readers regularly know more than I do. After I posted the other day about how West Hollywood, Calif. Mayor Lindsey Horvath said she was ordering city employees not to grant rally permits to Donald Trump because he’s such a terrible candidate — yes, really — reader Chris Bray pointed out that the mayor’s office in West Hollywood is a largely ceremonial position rotating among town councilors and has no authority to order city employees to do anything. That makes it sound as if the mayor might be a blowhard as well as someone who cannot be trusted near the First Amendment, two qualities she would have in common with Trump himself.

Can a city deny Donald Trump a rally permit?

The other day 34-year-old Mayor Lindsey Horvath of West Hollywood, Calif. said Republican presidential contender Donald Trump and his campaign were “not welcome” in her city. She also “instructed City staff that they are able to refuse to issue special events permits to Trump should he attempt to schedule a rally,” reported Gabby Morrongiello in the Washington Examiner. “Horvath has also called on the other 87 mayors in Los Angeles County to follow suit and block the billionaire from campaigning in their cities.”

Those comments might have set her community up for a costly lawsuit, since her position is plainly unconstitutional. Courts in the United States have made it clear that cities are not free to turn down a permit for one candidate that they would have approved for another simply because they disapprove of the first candidate’s viewpoint. Yet when contacted by law professor/blogger and First Amendment specialist Eugene Volokh, Horvath stuck by her position.

However, city attorney Michael Jenkins, evidently better informed, gave a response that directly contradicted the mayor’s when Volokh contacted him for a follow-up: “The City would consider an application from the Trump campaign no differently than from any other campaign.” Notes Volokh: “The city attorney’s position is consistent with First Amendment law; the mayor’s is not.”

There is no indication that Trump has planned any rallies for West Hollywood, notwithstanding a tweet in February by author Bret Easton Ellis that raised some eyebrows about the possibility that the billionaire might have an untapped constituency there.

P.S. In comments, Chris Bray notes that under West Hollywood’s system of governance, which delegates executive power to a city manager while a largely ceremonial position as mayor rotates among city councilpersons, it appears Horvath could not order city staff to adopt any policy on her own.

“Know Your Customer” in the news

In a memo sent to the Washington Post and published on his website, presidential candidate Donald Trump has outlined his ideas for compelling Mexico to “pay for the wall” as promised by his campaign. The first item on his list is unilateral executive tightening of banking regulations:

The provision of the Patriot Act, Section 326 – the “know your customer” provision, compelling financial institutions to demand identity documents before opening accounts or conducting financial transactions is a fundamental element of the outline below. That section authorized the executive branch to issue detailed regulations on the subject, found at 31 CFR 130.120-121. It’s an easy decision for Mexico: make a one-time payment of $5-10 billion to ensure that $24 billion continues to flow into their country year after year.

The paper goes on to describe in more detail the regulations that would be proposed, then dropped in a deal with the Mexican government in exchange for a payment.

I’ve been writing for quite a while now about how “Know Your Customer” and anti-money-laundering rules, typically adopted on a rationale of combating terrorism and major organized crime, are susceptible to being turned by government to many other objectives not discussed when regulatory authority was originally being sought.