Trump Is Right : Judge Curiel Should Disqualify Hinself in the Trump University Case

The US political world and its media cronies are again bashing Donald Trump, calling him a racist -- whatever Trump says, the progressive mainstream media sees it as evidence of his "racism." This time, it's about the federal judge overseeing the Trump University lawsuit in California. The judge is of Mexican heritage and Trump raised concerns as to whether he can be impartial because of Trump’s tough stance against illegal immigration from Mexico. Trump actually said : "I'm building a wall. I'm trying to keep business out of Mexico. He's of Mexican heritage, and he's very proud of it, as I am of where I come from." Curiel was born in Indiana to Mexican parents -- that means he is "of Mexican heritage." GOP lawmakers have slammed Trump for his accurate comments. House Speaker Paul Ryan made the worst comment, when he called the comments "textbook" racism, but added he will support Trump -- how's that for political opportunism. ~~~~~ Newt Gingrich, Mitch McConnell, Lindsey Graham and other GOP leaders joined Ryan. The American Thinker asked in an article if they had done their La Raza homework before calling Trump a racist. Jerome R. Corsi posted an article in WND, “Judge, Law Firm Bringing Trump U Case Both Tied To La Raza,” providing the answer : “The federal judge presiding over the Trump University class action lawsuit is a member of the San Diego La Raza Lawyers Association, a group that while not a branch of the National Council of La Raza, has ties to the controversial organization....District Judge Gonzalo Curiel was a member of the selection committee for the organization’s 2014 Annual Scholarship Fund Dinner & Gala (that featured President Obama as Key Note Speaker). Meanwhile, the San-Diego based law firm representing the plaintiffs in the Trump University class-action case, Robbins Geller Rudman & Dowd, was listed as a sponsor of the event.” (We must note that this law firm has paid Bill and Hillary Clinton a total of $675,000 for speeches” -- very unusual for any law firm.) Corsi continues : “At the 2014 San Diego La Raza Lawyers Association event at which Curiel served as a panel member, one of the recipients of a $1,500 scholarship, Ricardo Elorza, boasts about being an illegal immigrant. ‘Mr. Elorza wishes to someday tell any student struggling with higher education, ‘Look, a boy from Oaxaca, who did not know English, and is undocumented has now graduated from law school and is an attorney,’ the San Diego La Raza Lawyers’ Association brochure for the 2014 Annual Scholarship Fund Dinner & Gala said.” Corsi then asks the key question : "Did Judge Curiel not take a judicial oath to uphold the law? And, did he violate that oath by helping promote illegal activity -- which includes violating federal immigration law? Will there be a complaint made against him? Should he be disbarred?" ~~~~~ The guideline for federal judges who may have a conflict of interest is in 28 US Code § 455 - "Disqualification of justice, judge, or magistrate judge. (a) Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned. (b) He shall also disqualify himself in the following circumstances: (1) Where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding;" ~~~~~ Judge Curiel could have disqualified (recused) himself in the Trump University class action case because "his impartiality might reasonably be questioned" or because "he has a personal bias or prejudice concerning a party." As for the media's question -- why didn't Trump's lawyers file a motion to disqualify the judge, there could be any number of tactical reasons. Perhaps they see it as a basis for appeal if they think any other district judge in progressive California would also be of questionable impartiality. ~~~~~ Dear readers, the take-away is that Trump had every right to question Judge Curiel's impartiality. Judge Curiel should have recused himself -- as a matter of law, not racism.