Category: Ignorance of Law

Trump: Mexican American Judge Has an ‘Absolute Conflict’

Trump University logo

Was Donald Trump’s racist suggestion last week that Judge Gonzalo Curiel, an American of Mexican descent, could not fairly preside over a lawsuit about so-called Trump University simply an off-the-cuff remark? If so, Trump seems to have decided to go with it. The Wall Street Journal reports:

In an interview, Mr. Trump said U.S. District Judge Gonzalo Curiel had “an absolute conflict” in presiding over the litigation given that he was “of Mexican heritage” and a member of a Latino lawyers’ association. Mr. Trump said the background of the judge, who was born in Indiana to Mexican immigrants, was relevant because of his campaign stance against illegal immigration and his pledge to seal the southern U.S. border. “I’m building a wall. It’s an inherent conflict of interest,” Mr. Trump said.

Perhaps one reason Trump lashed out at Curiel once more was the release of documents from the case on Tuesday, which painted Trump University in an unflattering light.

(h/t The Atlantic)

Reality

Donald Trump’s claim that a person can not perform their job for the singular reason because their heritage is a textbook example of a racist quote.

The Republican candidate’s insistence that Gonzalo Curiel cannot preside impartially simply because of his ethnic heritage flies in the face of established precedent. Trump’s claim is irrelevant, as ethnicity plays no apparent role in the Trump University case. His argument also sits in uncomfortable contradiction to his prior claims that “the Latinos love me.”

Trump’s statement is troubling for a variety of reasons. Curiel was born in Indiana to parents who had immigrated from Mexico, and Trump has referred to Mexican immigrants as “rapists” and criminals. But the case at hand involves an allegedly fraudulent series of real-estate seminars Trump set up—in other words, it has nothing to do with ethnicity whatsoever. He has discovered that by grossly insulting a group to which a judge (sort of) belongs, he can then argue that the judge is tainted. As Peter Beinart of The Atlantic, among other observers, has pointed out, Trump’s demand that an unblemished judge step down from the case amounts to an attack on the independence of the American judiciary.

(Editor’s Note: Today is a short day so the ‘reality’ section is from our cited source and not our own.)

Trump Dodges GI Bill Question

CNN’s Chris Cuomo asked Donald Trump how he felt about a sneaky no-roll call vote in Congress to strip money from the G.I. bill and re-appropriate it elsewhere and whether we should keep the bill as it is.

Rather than answer the question outright, Trump appeared to dodge by babbling about how he loves the vets and knows so many vets, and they’re tremendous, etc, etc, etc. Cuomo then asked him straight up whether or not he supported the GI bill – and Trump said no.

CHRIS CUOMO: On the military, you raise an important issue. We tried to get your campaign and the other campaigns to hold forth on whether or not they supported the current G.I. bill. As you know, in the Congress, they did this sneaky vote in the House where there was no roll call, and they were going to cut money from the G.I. bill to allow for other expenditures for vets. The vets were very upset. They said ‘no, don’t take money from us and reallocate it. Find the savings elsewhere.’
Do you support maintaining the G.I. bill the way it is right now and even growing it instead of cutting it?

 

DONALD TRUMP: I don’t want to be hurting our vets. Our vets have been hurt enough. We treat illegal immigrants better than we treat our vets. So I’m going to do nothing to hurt our vets. I’m going to only help the vets —

 

CHRIS CUOMO: So is that a yes? —

 

DONALD TRUMP: — unlike Hillary Clinton, that thinks the vets are getting too much. And they’re not getting too much. I’ve traveled, I’ve seen so many vets, I know so many vets now, and I have a lot of friends — I have developed great friendships among the vets. Our vets are being treated so badly —

 

CHRIS CUOMO: So is that a yes, I do support the current G.I. bill?

 

DONALD TRUMP: No. I want to bring jobs back to our country.

Reality

When asked about the specific legislation to cut and reappropriate G.I. Bill funds, Trump ignored the question and instead started playing his greatest hits. Trade deals, jobs, Hillary Clinton, babble, babble, babble. We conclude that Trump clearly had no idea what the subject was otherwise a direct and coherent answer would have been given.

As a candidate to be Commander-In-Chief it is very important to understand the legislation being put forth that would effect the well-being of the men and women under your command. This is further proof that Trump is highly unprepared for the Presidency.

Trump’s opponents and a lot of left leaning media outlets have jumped on him for saying “no” to supporting the popular G.I. Bill in its current form. We’ve listened to his statement multiple times and we feel his “no” response was very meek and unsure, and earlier Trump did claim he was going to do nothing to hurt the vets. Therefor we cannot make the claim that Trump hates the vets that sites like The Huffington Post made.

Media

https://www.youtube.com/watch?v=WsdElAPlipI

Trump Complains Primary Rigged Despite His Lead

Trump complains primary system is rigged

Republican presidential front-runner Donald Trump lashed out at what he called the party’s “rigged” delegate selection rules on Monday after rival Ted Cruz swept all of Colorado’s 34 delegates over the weekend.

The New York billionaire, who has been outmaneuvered by Cruz in a series of recent state meetings to select national convention delegates, said the process was set up to protect party insiders and shut out insurgent candidates.

“The system is rigged, it’s crooked.”

Trump said on Fox News on Monday, alleging the Colorado convention results showed voters were being denied a voice in the process.

“There was no voting. I didn’t go out there to make a speech or anything, there’s no voting. The people out there are going crazy, in the Denver area and Colorado itself, and they’re going absolutely crazy because they weren’t given a vote. This was given by politicians – it’s a crooked deal.”

Again at a rally in Rome, NY, he accused party leaders of maneuvering to cut his supporters out of the process:

“Our Republican system is absolutely rigged. It’s a phony deal,”  “They wanted to keep people out. This is a dirty trick.”

Trump has 743 bound delegates to 545 for Cruz, according to an Associated Press count, in the battle for the 1,237 delegates needed to win the nomination on the first ballot and avoid a messy floor fight at the Republican National Convention from July 18-21.

But both are at risk of not acquiring enough delegates for a first-ballot victory, leaving many free to switch their votes on later ballots.

That has set off a fierce scramble by Republican candidates to get their supporters chosen as convention delegates and brought new scrutiny to the selection rules, which vary by state.

Trump, who has brought in veteran strategist Paul Manafort to lead his delegate-gathering efforts, complained about Cruz’s recent success at local and state party meetings where activists pick the actual delegates who will attend the national convention.

Trump accused Cruz, a U.S. senator from Texas, of trying to steal delegates in South Carolina. Trump won the state primary in February, but Cruz supporters got four of the first six delegate slots filled at congressional district meetings on Saturday, according to local media.

Cruz also succeeded at getting more of his supporters chosen as delegates in Iowa, where he won the caucuses in January, and at last week’s state convention in North Dakota.

(h/t Reuters)

Reality

We are unable to locate the chapter in “Art of the Deal” where it instructs you how to whine after you lose.

Trump being surprised about the nomination process, that has currently given him the lead, is an example of how unfamiliar with the process he knows and how unprepared he is.

To put it in more general terms; How Trump is complaining about the nomination process is analogous to listening to someone completely unfamiliar with baseball who is watching a game for the first time:

  • “Why did that guy run to a base when the batter didn’t hit that ball! It’s called stealing? That’s not fair!”
  • “I thought there was only four fouls! That guy got more! This game is rigged!”
  • “Well if that fielder made an error he should get another try. It’s only fair.”

Perhaps a video like this could help him.

Trump has a pattern of claiming fraud when an election does not go his way, like when he claimed voter fraud after losing Iowa. And his critics say this kind of misdirection is his specialty. By blaming the process rather than his own inadequacies as a manager, Mr. Trump is trying to shift focus after Senator Ted Cruz of Texas outmaneuvered him in delegate contests in states like Colorado, North Dakota and Iowa, losses that could end up denying Mr. Trump the nomination.

Chairman of the Republican National Committee Reince Priebus has spent the past few days pushing back over Twitter.

However there might be a tactical reason for Trump’s attacks on the Republican primary process. Every time Donald Trump attacks the establishment he strengthens his position as an “outsider” candidate, which plays to his supporters. So there is no downside in the primary for attacking the nomination process to a group largely unaware of how it works.

Media

Fox News Interview

https://www.youtube.com/watch?v=kYlw-bgk2NM

Trump Makes Up The Name of a Federal Agency He Would Axe

Republican frontrunner Donald Trump had a Rick Perry moment during a Fox News town hall Monday night when he vowed to do away with the “Department of Environmental,” an agency that does not exist.

When asked by Fox host Sean Hannity if he would eliminate any federal departments as President, Trump responded “largely, we can eliminate the Department of Education,” a common refrain among conservatives.

But he went on: “Department of Environmental, I mean, the DEP is killing us environmentally, it’s just killing our businesses.”

(h/t Talking Points Memo)

Reality

Let’s put aside for a moment that the DEP does not exist, it’s not even a correct acronym for “Department of Environmental”.

I think what Trump is referring to is the EPA, or the Environmental Protection Agency. When Trump claims that they (the EPA) are “killing us”, he has got that backwards. It is the Environmental Protection Agency who is preventing billionaire business owners, like Donald Trump, from killing us. For example:

Gaffes like this killed former Texas Gov. Rick Perry’s chances for the nomination in 2012, when he struggled to come up with the EPA as one of the three agencies he would shutter until Mitt Romney stepped in with an assist.

Instances like these help prove how unqualified Donald J. Trump is for the Presidency of the United States of America.

Devil’s Advocate

Maybe Trump is so efficient, he eliminated the department before anyone was able to hear about it?

Media

Trump Volunteers Now Required to Sign Non-Disclosure Agreement

Reported by The Daily Dot, the Trump Campaign is now requiring some volunteers to sign Non-Disclosure Agreements before they can help the campaign – agreements that would theoretically allow Trump to sue volunteers for talking about the campaign and a process that some legal experts say is unusual and probably unenforceable.

2. No Disparagement. During the term of your service and at all times thereafter you hereby promise and agree not to demean or disparage publicly the Company, Mr. Trump, any Trump Company, any Family Member, or any Family Member Company or any asset any of the foregoing own, or product or service any of the foregoing offer, in each case by or in any of the Restricted Means and Contexts and to prevent your employees from doing so.

3. No Competitive Services. Until the Non-Compete Cutoff Date you promise and agree not to assist or counsel, directly or indirectly, for compensation or as a volunteer, any person that is a candidate or exploring candidacy for President of the United States other than Mr. Trump and to prevent your employees from doing so.

Volunteers also sign a non-disclosure agreement, forbidding them from sharing any sensitive information from the campaign. What kind of information is sensitive or confidential is completely at Trump’s discretion, according to the contract.

Volunteers must also sign a non-compete agreement that extends until Trump ceases his campaign for president, identified in the contract as the “Non-Compete Cutoff Date.” The agreement also forbids volunteers from working for another presidential candidate, should they change their minds.

In the event of a Trump victory in November’s general election, the non-compete clause could extend until his 2020 reelection campaign or even 2024, at the end of a second Trump term, the document explains. If Trump loses but wants to run again in the next election or in any presidential election in the future, the contract states the volunteer cannot work for another candidate.

Volunteers are, once again, theoretically bound to “to prevent your employees from” working on any other presidential campaign at any point while Trump is running for president, ostensibly locking them into Trump’s political career for life.

Reality

Trump again displays his complete lack of understanding of the First Amendment to the Constitution of the United States of America. As a bully he repeatedly uses the threat of litigation to scare people, no matter how silly the lawsuit would be.

Links

http://www.dailydot.com/politics/donald-trump-volunteer-contract-nda-non-disparagement-clause/

Trump Fails at First Amendment Protections From Protesters

The Constitution of the United States of America

Trump incorrectly claimed that protesters who forced The Donald to cancel a rally in Chicago violated his right to free speech.

Reality

Freedom of speech without government interference is a fundamental right protected by the First Amendment to the Constitution of the United States of America. The protesters aren’t agents of the government, therefore, there was no constitutional violation.

The continued lack of knowledge of our government and the Consititution by Trump clearly shows he is not fit for the Presidency.

Links

https://twitter.com/realDonaldTrump/status/708619775153475584

Trump Calls for Arrests After Protesters Disrupt Kansas City Speech

Donald Trump said he wants to start “pressing charges” against protesters after the Republican presidential frontrunner’s Kansas City rally on Saturday was repeatedly interrupted by demonstrations.

The controversial candidate blamed “bad, bad people” for the disruptions, which came just a day after fights between Trump supporters and protesters erupted in Chicago.

I hope these guys get thrown in jail — they’ll never do it again,” Trump said on Saturday. “It’ll destroy their record, they’ll have to explain to mom and dad why they have a police record and why they can’t get a job. And you know what? I’m going to start pressing charges against these people.

Adding:

I don’t want to ruin people’s lives. But the only way we’re going to stop this craziness is if we press charges.

Reality

Freedom of speech without government interference is a fundamental right protected by the First Amendment to the Constitution of the United States of America.

“But… but… my’s free speech was violated! Waaah!”

The protesters aren’t agents of the government, therefore, there was no constitutional violation.

Media

Links

http://www.nbcnews.com/politics/2016-election/protests-continue-inside-outside-trump-kansas-city-event-n537351

Trump vs. the First Amendment

During a rally in Fort Worth, Texas, Trump began his usual tirade against newspapers such as The New York Times and The Washington Post, saying they’re “losing money” and are “dishonest.” The Republican presidential candidate then took a different turn, suggesting that when he’s president they’ll “have problems.”

One of the things I’m going to do if I win, and I hope we do and we’re certainly leading. I’m going to open up our libel laws so when they write purposely negative and horrible and false articles, we can sue them and win lots of money. We’re going to open up those libel laws. So when The New York Times writes a hit piece which is a total disgrace or when The Washington Post, which is there for other reasons, writes a hit piece, we can sue them and win money instead of having no chance of winning because they’re totally protected,

(h/t Politico, National Review)

Reality

Freedom of the press in the United States is protected by the First Amendment to the United States Constitution. This clause is generally understood as prohibiting the government from interfering with the printing and distribution of information or opinions.

If a President Donald Trump does attempt to go after journalists and media outlets it would be a clear violation of the constitution and highly anti-American.

Media

Trump Talks About Judges ‘Signing Bills’

Republican presidential front-runner Donald Trump made a bizarre assertion about judges “signing bills” during the February 25th Republican CNN debate.

Trump made the comments while defending his sister Maryanne Trump Barry, who is a senior judge on the U.S. Court of Appeals for the Third Circuit. She is also pro-choice.

Trump said:

“Excuse me, she’s a brilliant judge. He’s been criticizing — he’s been criticizing my sister for signing a certain bill. You know who else signed that bill? Justice Samuel Alito, a very conservative member of the Supreme Court, with my sister, signed that bill. So I think that maybe we should get a little bit of an apology from Ted. What do you think?”

(h/t Daily Caller)

Reality

Judges don’t sign bills. That’s not how our democracy works.

The many statements by Trump like this highlight his complete lack of knowledge and understanding of the United States Constitution and our laws.

Media

Trump says Cruz’s Canadian birth could be ‘very precarious’ for GOP

Trump again raised his crazy ‘birther’ flag when speaking to the Washington Post about Ted Cruz’s eligibility for the presidency.

“Republicans are going to have to ask themselves the question: ‘Do we want a candidate who could be tied up in court for two years?’ That’d be a big problem,” Trump said when asked about the topic. “It’d be a very precarious one for Republicans because he’d be running and the courts may take a long time to make a decision. You don’t want to be running and have that kind of thing over your head.”

Reality

The Constitution says the candidate must be 35 years of age and a resident of the United States for 14 years. The third qualification: He or she must be a “natural born citizen.”

The Congressional Research Service, the agency tasked with providing authoritative research to all members of Congress, published a report after the 2008 election supporting the thinking that “natural born” citizenship means citizenship held “at birth.”

Ted Cruz is eligible to be President of the United States of America.

Links

https://www.washingtonpost.com/politics/trump-says-cruzs-canadian-birth-could-be-very-precarious-for-gop/2016/01/05/5ce69764-b3f8-11e5-9388-466021d971de_story.html?postshare=6591452034521111&tid=ss_tw-bottom

http://www.politifact.com/truth-o-meter/article/2015/mar/26/ted-cruz-born-canada-eligible-run-president-update/http://www.fas.org/sgp/crs/misc/R42097.pdf

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