Thursday, April 27, 2017

The GOP and RNC Are Committing Political Suicide Every Day They Don't Support Trump's Agenda

US District Judge William Orrick should be reprimanded. At the very least. • • • HIS POLITICAL BIAS JUST KEEPS ON COMING. Fox News anchor Greg Jarrett said Wednesday that the appearance of partiality should have been enough for Judge William Orrick to disqualify himself : "His established record of political and personal bias demanded recusal. I’m betting he didn’t even consider it. Orrick came into the case with glaring conflicts of interest. First, he was an accomplished “bundler” for Barack Obama, raising over $200,000 and personally donating more than $30,000. Later, he was rewarded with a federal judgeship. So, his political favoritism is more conspicuous than it would be for your average federal judge." But, Jarrettt revealed new examples of Orrick's bias : "Orrick worked on key immigration cases for Obama’s Justice Department, overseeing the Office of Immigration Litigation. He worked on cases that dealt directly with federal pre-emption of local immigration laws -- the same subject matter over which he now presides." And at his Senate confirmation hearing, he promised to deal with his potential conflicts by recusing himself from “cases involving issues, policies or initiatives developed by the Obama administration” in which he was involved at the Department of Justice. This is a key example of Orrick ignoring his own bias as a federal judge because, as Jarrett points out : "...the Obama administration deliberately chose not to pursue sanctuary cities that were violating the 1996 federal law requiring them to cooperate with federal immigration agencies like ICE." Was Orrick involved in that decision? We don(t know, but the appearance of bias is there. And, Canon 2 of the Code of Conduct for federal judges states : “A judge should avoid impropriety and the appearance of impropriety in all activities.” It requires judges to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary”. Federal statutory law is more specific. Under 28 USC 455 : “A judge of the United States shall disqualify himself in any proceeding in which his impartiality might be reasonably questioned. Further, he must recuse himself “where he has a personal bias or prejudice concerning a party...” • Based on these standards, would a reasonable person question Orrick’s impartiality? Yes -- because Orrick has a personal bias or prejudice concerning a "party," President Trump, who vowed to reverse President Obama’s immigration policies on which Orrick worked, but apparently did not consider recusing himself from presiding over the sanctuary cities case where that bias was plainly visible. • In yesterday's blog, I mentioned that Orrick, as a US District Judge, also blocked the release of videos exposing Planned Parenthood’s alleged involvement in abortion-related activity. What Jarrett tells us is tqt Orrick "did not seem ethically bothered that his wife is considered a pro-abortion activist, as described in multiple publications including The Federalist. Yet, Judge Orrick did not disqualify himself although Title 28 requires disqualification in any case in which a judge’s spouse has 'an interest that could be substantially affected by the outcome of the proceeding.' Again, we have the appearance of bias. • In another case, Orrick ruled that two judges did not have to recuse themselves from presiding over a case in which the judges themselves were named as defendants. Read that shocker again ! A judge gets to sit in judgment of himself when he’s sued? As Jarrett put it : "One can reasonably conclude that in Orrick’s judicial universe, “recusal” doesn’t exist under any circumstances." • So, now it is perfectly clear why Orrick ruled against President Trump in the sanctuary cities case. His bias undoubtedly led to his opinion that refused to accept the terms of a law Congress passed 21 years ago that prohibits local governments from obstructing federal officials in their enforcement of that law. The President is legally permitted to withhold federal funds from obstructionist local governments, as long as the money is related to immigration and law enforcement. That is exactly what the Trump administration has warned it will do. If the case reaches the Supreme Court, President Trump stands an excellent chance of prevailing. But, President Trump is onw being targeted by federal judges in the 9th Circuit, known for their liberalism, and many appointed by Barack Obama, who favored raising to the federal bench activist judges who write laws instead of interpreting them. And, says Jarrett, the longer this continues, "the more the public’s confidence in a fair and impartial judiciary is being steadily eroded." • We might add,especially while canctuary cities harbor approximately 5.5 million illegal immigrants. • • • SPLIT UP THE 9TH CIRCUIT. That is one solution being considered. Sarah Westwood of the Washington Examiner wrote on Wednesday that President Trump said he has "absolutely" considered proposals that would split up the 9th Circuit Court of Appeals, where judges have blocked two of his executive actions. The interview with President Trump took place at the White House. Trump said : "Absolutely, I have. There are many people that want to break up the 9th Circuit. It's outrageous. Everybody immediately runs to the 9th Circuit. And we have a big country. We have lots of other locations. But they immed iately run to the 9th Circuit. Because they know that's like, semi-automatic." • It is not surprising that President Trump's comments came the day after US District Judge William Orrick's temporary block of Trump's efforts to withhold funds from any municipality that refuses to cooperate with immigration enforcement officers. Orrick argued that Trump had overstepped his authority in January when he directed the Justice Department to put immigration-related conditions on grants for so-called sanctuary cities that may not be directly related to law enforcement. The case, if appealed, would go to the 9th Circuit, where judges halted two different versions of an executive action aimed at tightening vetting requirements for immigrants from Middle Eastern countries, because both actions called for a temporary suspension of some immigration from several predominantly Moslem countries. • Trump told the Washington Examiner : "The language could not be any clearer. I mean, the language on the ban, it reads so easy that a reasonably good student in the first grade will fully understand it. And they don't even mention the words in their rejection on the ban. And the same thing with this [sanctuary city decision]. I mean, when you have people that are being enabled to commit crime. And in San Francisco, when you look at Kate Steinle being shot and here is the court, you know, right in that same general area. And when you look at a Kate Steinle, when you look at so many other things." • Kate Steinle is the young woman gunned down in 2105 by an illegal immigrnat in San Francisco, a sanctuary city. President Trump has frequently pointed to Steinle's murder as proof that sanctuary city policies are harmful to American citizens. He told the examiner : "Sanctuary cities have been very, very dangerous, very, very bad. And, you know, we've done a great job on law enforcement, we've done a great job at the border. And all of our most talented people say sanctuary cities are a disaster." • Trump isn't alone in considering the break-up of the 9th Circuit. Republicans have long criticized the 9th Circuit for its perceived liberal leanings and its enormous geographical reach, which has led to bureaucratic backlogs. GOP lawmakers have repeatedly introduced legislation that would carve out several states under the 9th Circuit's jurisdiction and create a new court designed to lighten the Ninth's caseload. The 9th Circuit hears appeals from courts in nine West Coast states and two US territories. Of its 25 active judges, 18 were appointed by Democratic Presidents. Trump said Wednesday that opponents of his policies have engaged in "judge shopping" in their efforts to find a sympathetic judicial platform for their partisan objections : "You see judge shopping, or what's gone on with these people, they immediately run to the 9th Circuit. It's got close to an 80% reversal period, and what's going on in the 9th Circuit is a shame." • • • A NEW FOX POLL SHOWS SUPPORT FOR TRUMP. While President Trump is battling the 9th Circuit, Fox News on Thursday published a new Fox News Poll taken as the Trump administration nears its 100-day milestone. President Trump’s job approval ratings are at 45% approve of the job he’s doing. That’s low for a new President because of the issue of "draining the swamp" and "change." Only 43% think the President is succeeding in bringing real change to Washington, while 50% say he’s failing. But, 46% think Trump is keeping his campaign promises in general, while 44% disagree. Vice President Mike Pence outperforms his boss : 50% of voters approve of the job he’s doing, while 33% disapprove, but 16% are unable to rate him. Roughly equal numbers of Republicans approve of Pence (85%) and Trump (86%). The good news is that 67% of voters approve of Trump using airstrikes to punish Syria for chemical weapons, and the number saying the economy is in “poor” shape is lower than it’s been in more than a decade -- by 52-34%, voters see the nation’s job situation improving -- the first time since 2004 that more than half say so. And, by a 5-point margin they say it feels like the economy is getting better rather than worse for their family (42-37%), and more voters think Trump’s policies are helping the economy rather than hurting it (37% vs. 25%). On terrorism, 38% think the President’s actions are making the country safer, while 34% say less safe. And, 45% are happy with the way things are going -- the highest satisfaction rating since October 2012. Satisfaction dropped 46 points among Democrats since the White House changed parties in November -- and jumped 58 points among Republicans. Overall, most Republicans also feel encouraged by what they’ve seen to date (84%), think Trump is keeping his promises (80%), and that he’s succeeding at bringing real change (76%). The President’s best job ratings are on handling ISIS (54-37%), terrorism (51-43%), and the economy (48-44%). He gets lower ratings for his handling of taxes (40-44%) but that was before the new tax plan was announced, foreign policy (43-49%), and immigration (44-54%). His worst ratings come on health care, where he’s underwater by 21 points (35-56%). Voters want Washington to work on health care. When asked to pick between reforming the tax system and fixing the health care system, 71% prioritize health care, while only 26% say taxes. Among Trump voters, nearly twice as many say health care tops taxes (64-33%). Over half of voters want all or at least part of Obamacare repealed. Among Trump voters, 5% would switch to the Democratic Party in the midterms, while 87% would vote for the GOP candidate. Meanwhile, 42% of voters say Congress should keep investigating Russian meddling in the 2016 election, but over half, 57%, say it’s time to move on. • • • And that brings me to a related matter. If you look at the Fox Poll numbers, they are lower for President Trump in every case where the GOP Congress has tried to rearrange his priorities -- Obamacare vs taxes for example -- or where where the GOP Congress has refused to move on Trump's stated priority -- the Wall and immigration or foreign policy initiatives attacked by #neverTrump Republicans. When Trump can lead as he wants to, the polls are positive. • But, let's consider another poll result. According to an April 20 Washington Post/ABC News poll -- when asked if President Donald Trump “is in touch with the concerns of most people in the United States, while 32% said they think the Republican Party understands their concerns, but, only 25% of Americans think the Democrat Party understands their concerns, and a whopping 67% say they consider Democrats to be out of touch. The results by age demographic should be especially worrisome for a party looking to rebound from its 2016 loss -- 65% of those 50 years and older and 67% of those between 18 and 49 years old say Democrats are out of touch. For Republicans, those numbers are 55% and 69%, respectively, giving the GOP the advantage with older voters who are more likely to turn out in the 2018 Midterms. Karl Rove says : "Democrats continue repeating one of Hillary Clinton’s most costly mistakes by ignoring the real-life concerns of the Americans and instead focusing on faux outrage against Donald Trump. While both parties should / must work to change their negative numbers, Democrats are at special risk of declining further decline if they keep neglecting issues important to voters. • DEAR READERS, let's put this alongside a Thursday Breitbart article about an interview Laura Ingraham had with Ronna Romney McDaniel, the Republican National Committee Chairwoman. Ingraham asked : “The President comes out yesterday and says there’s going to be a wall. So what is the RNC doing specifically to push the Trump agenda and help it get traction in Congress?” Romney-McDaniel replied : “Well I think part of it is communicating to our lawmakers what we are seeing on the ground. And I’m from Michigan. I was part of the Trump movement as a Michigan chair, and I know that our voters are going to hold us accountable in 2018 if we do not keep the campaign promises that were made. When you get to Washington, sometimes you forget what was said outside and it’s important that we bring that back to Washington and let them hear what the voters expect of this government and of the President.” • Then came the bizarre shocker from Romney-McDaniel. She added that members of Congress would “lose the trust of our base if we don’t keep our promises. Our base is going to walk away They’re going to feel like, ‘Hey, you said one thing on the campaign trail to get elected and you didn’t act on it.’” • Now, that might sound like real support for President Trump -- IF it hadn't come from Ronna Romney McDaniel. I still have the hateful words of Mitt Romney in my head and heart and I think they will be there forever, with no act of contrition possible. There are some political treasons that simply cannot be forgiven. And, although I do not blame Ronna personally for Mitt's treason, the mere name "Romney" still angers me deeply as a lifelong Republican who worked hard for a man who repaid the Republican base's loyalty with treasonable words against their next chosen standardbearer. • I also wonder just how much Ronna Romney McDaniel knows about the Trump "base" -- would she recognize a Trump base voter if he wasn't wearing his "Make America Great Again" baseball cap? My fear -- call me overly cynical if you wish -- is that this is the latest #neverTrump ploy to drive a wedge between Trump and his base. It smells very bad to me. Who would benefit? Mitt and Jeb and Kasich. Trump has to learn that it must be HIS person at RNC -- not Priebus's or the GOP #neverTrump traitors' person. Our President needs a big bouncer / enforcer at the RNC, not someone with a name that is a red flag to every proudly "Deplorable" Trump supporter, and certainly not someone who is already telling the "Trump base" that they have reasons to walk in 2018. Just as we began an "indictment" list Wednesday for Attorney General Sessons, today we can begin to build a "You're Fired" list for President Trump that includes Ronna Romney McDaniel; Reince Priebus; Paul Ryan as Speaker; any -- absolutely ANY -- leftovers from the Obama White House still working there, even if their job is to peel potatoes; and, if an indictment won't fly, then FBI Director James Comey. YOU'RE FIRED !!! • A new Universoty of Virginia poll shows that a wide majority of those who voted for Donald Trump approve of his job performance as President as he approaches his 100th day in office. The survey found that 93% of Trump voters approve of the job he's doing, while 7% disapprove. And, 70% said the country is headed in the right direction. Glen Bolger, a GOP pollster, said : "Trump voters are extraordinarily loyal and supportive of the guy they voted for last November. All the controversy, all the stuff you read in the media about how it's chaotic, how they don't have their act together -- they don't see it." A man who supports Trump told Bolger : "He said he was going to do something, and he took immediate action...he hit the ground running. He went to work right away." On the crucial issue of healthcare, just 5% of respondents held Trump responsible for the failing so far to appeal and replace Obamacare. Nearly half (48%) blamed Democrats, while 12% cited House Speaker Paul Ryan, 15% faulted moderate Republicans, and 21% blamed the House Freedom Caucus. Trump's voters also still back building of the Wall on the border with Mexico, but if forced to choose between healthcare and the Wall, they prefer healthcare by 72%. The poll also found Trump voters don't trust the media, with 88% saying media criticism of Trump reinforces that the President is on the right track. The same percentage agreed with Trump's claim that the press is "the enemy of the American people." • So, let the Democrats who are trying to corner and destroy President Trump and his agenda take note. Trump bashed them on Thursday about their efforts to highjack the budget process for their special Progressive interests. Here are the Trump tweets strung together : "As families prepare for summer vacations in our National Parks - Democrats threaten to close them and shut down the government....Democrats used to support border security -- now they want illegals to pour through our borders....Democrats jeopardizing the safety of our troops to bail out their donors from insurance companies. It is time to put #AmericaFirst....What's more important? Rebuilding our military - or bailing out insurance companies? Ask the Democrats....I promise to rebuild our military and secure our border. Democrats want to shut down the government. Politics!"....I want to help our miners while the Democrats are blocking their healthcare." • Beware, Ronna Romney McDaniel -- it is NOT "our" base, as you said. It is Trump's base. People voted for Trump, not the Republican Party, and certainly not the Democrat Party. They support President Trump, not the GOP majority in Congress. And there is nothing you and the RNC can do to change that -- unless and until you and Congress carry out the Trump mission to "drain the swamp" and put American citizens back in charge of their own government and country. Trump supporters will vote GOP in 2018 in every district where they cannot find a true Trump "base" supporter to replace the Republican. But, that doesn't mean the GOP or the RNC is beloved, or even safe. It only means that you are in danger of political suicide every day that you do not support President Donald Trump.

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