Author Topic: Former attorney general Alberto Gonzales: Trump right to question judge’s fairness  (Read 2146 times)

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HAPPY2BME

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http://thehill.com/blogs/ballot-box/presidential-races/282222-former-bush-ag-trump-right-to-challenge-judges-fairness

June 04, 2016, 12:55 pm
By Mark Hensch

Former Attorney General Alberto Gonzales says Donald Trump is right to challenge the fairness a judge overseeing lawsuits against him.

“An independent judiciary is extremely important. But that value is not the only one in play here,” Gonzales wrote in a Saturday op-ed for The Washington Post.

"Equally important, if not more important from my perspective as a former judge and U.S. attorney general, is a litigant’s right to a fair trial,” he continued.

“The protection of that right is a primary reason why our Constitution provides for an independent judiciary. If judges and the trials over which they preside are not perceived as impartial, the public will quickly lose interest in the rule of law upon which our nation is based.”

Trump on Thursday said U.S. District Judge Gonzalo Curiel’s Hispanic ethnicity is “an absolute conflict” in three civil fraud lawsuits against the billionaire.

He said Curiel’s “Mexican heritage” makes him partial because of Trump’s calls for a wall along America’s southern border with Mexico.

Gonzales on Saturday said Trump has reason beyond just race to doubt Curiel, who is American, will treat him fairly.

“As someone whose own ancestors came to the United States from Mexico, I know ethnicity alone cannot pose a conflict of interests. But there may be other factors to consider in determining whether Trump’s concerns about getting an impartial trial are reasonable.”

Gonzales said Curiel is a member of La Raza Lawyers of San Diego, which Trump aides say is affiliated with a national group vociferously opposing Trump, National Council of La Raza (NCLR).

The Washington Post on Saturday reported that NCLR is unaffiliated with La Raza Lawyers of San Diego. It added Curiel is not a member of NCLR.

Curiel has also appointed the Robbins Geller law firm to plaintiffs, he added, noting Geller is a donor to Democratic presidential front-runner Hillary Clinton.

“These circumstances, while not necessarily conclusive, at least raise a legitimate question to be considered,” said Gonzales, who was attorney general for former President George W. Bush.

“If [Trump’s] criticism is solely based on Curiel’s race, that is something voters will take into account in deciding whether he is fit to be president. If, however, Trump is acting from a sincere motivation to protect his constitutional right to fair trial, his willingness to exercise his rights as an American citizen and raising the issue even in the face of severe criticism is surely also something for voters to consider.”

Curiel is overseeing three lawsuits which allege Trump University defrauded students and saddled them with debt.

Trump has repeatedly touted positive reviews from other participants, saying courts will ultimately vindicate the for-profit real estate program.

Offline sinkspur

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Quote
“If [Trump’s] criticism is solely based on Curiel’s race, that is something voters will take into account in deciding whether he is fit to be president. If, however, Trump is acting from a sincere motivation to protect his constitutional right to fair trial, his willingness to exercise his rights as an American citizen and raising the issue even in the face of severe criticism is surely also something for voters to consider.”

Trump could give a damn about his right to a fair trial (it's his Trump University, not him).  He's too stupid to think of that.

His calling out Curiel's race is a dog whistle to his alt-right followers. And Gonzales surely knows this.
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

Offline Mechanicos

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Trump could give a damn about his right to a fair trial (it's his Trump University, not him).  He's too stupid to think of that.

His calling out Curiel's race is a dog whistle to his alt-right followers. And Gonzales surely knows this.
Poor Sink, his hopes are going to be dashed. His favorite Liberal Racist Judge is going to have to recuse himself  because hes not impartial and has acted accordingly.   So his racist meme blows up in his face...
Trump is for America First.
"Crooked Hillary Clinton is the Secretary of the Status Quo – and wherever Hillary Clinton goes, corruption and scandal follow." D. Trump 7/11/16

Did you know that the word ‘gullible’ is not in the dictionary?

Isaiah 54:17

Offline sinkspur

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Poor Sink, his hopes are going to be dashed. His favorite Liberal Racist Judge is going to have to recuse himself  because hes not impartial and has acted accordingly.   So his racist meme blows up in his face...


Trump has never asked Curiel to recuse himself.  Have you ever wondered why?

Because he knows Curiel has no conflicts of interest and won't recuse himself. And would win that non-recusal on appeal.

Trump's just dog-whistling you.  And you're falling for it.
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

Offline Mechanicos

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Trump has never asked Curiel to recuse himself.  Have you ever wondered why?

Because he knows Curiel has no conflicts of interest and won't recuse himself. And would win that non-recusal on appeal.

Trump's just dog-whistling you.  And you're falling for it.
Oh I know why its to destroy people like you playing the Democrat Race card. He has a lot of time no need too and the more comes out on the anti=American Judge the more it helps Trump with Americans. Hes la Raza, Pro Illegal, anti wall and Pro Obama. Trump will likely get him YANKED from above since he has violated judicial ethics rules by not disclosing his conflicts of interest to the parties. So there is Time. Trump is a hell of a lot smarter then you. At least 3 steps ahead of people like you. Already its turning to Trump is getting screwed over by a racist judge - this will only increase.
Trump is for America First.
"Crooked Hillary Clinton is the Secretary of the Status Quo – and wherever Hillary Clinton goes, corruption and scandal follow." D. Trump 7/11/16

Did you know that the word ‘gullible’ is not in the dictionary?

Isaiah 54:17

Offline sinkspur

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Oh I know why its to destroy people like you playing the Democrat Race card. He has a lot of time no need too and the more comes out on the anti=American Judge the more it helps Trump with Americans. Hes la Raza, Pro Illegal, anti wall and Pro Obama. Trump will likely get him YANKED from above since he has violated judicial ethics rules by not disclosing his conflicts of interest to the parties. So there is Time. Trump is a hell of a lot smarter then you. At least 3 steps ahead of people like you. Already its turning to Trump is getting screwed over by a racist judge - this will only increase.

Good night, 

Post modified by Mod1 for personal insult
« Last Edit: June 06, 2016, 12:15:19 pm by Mod1 »
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

Offline Fantom

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Trump is right on this one.

For selfish trump Uber Alles.. reasons of course.

Which happen to align, this time with Nationalist interest. And I am a Nationalist.. said many decades ago...America for Americans...... it is in the Constitution.

Anyways... why is a La Raza... even if filtered thru a "Lawyer Raza". Considered any different than a KKK Judge or NAACP Judge?

This should generate some fireworks.  :smokin:
Those who profess to favor freedom, and yet deprecate agitation, are men who want crops without plowing up the ground, they want rain without thunder and lightning, they want the ocean without the awful roar of its many waters.

Frederick Douglass

HAPPY2BME

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Trump is right on this one.

For selfish trump Uber Alles.. reasons of course.

Which happen to align, this time with Nationalist interest. And I am a Nationalist.. said many decades ago...America for Americans...... it is in the Constitution.

Anyways... why is a La Raza... even if filtered thru a "Lawyer Raza". Considered any different than a KKK Judge or NAACP Judge?

This should generate some fireworks.  :smokin:

==============================

The two main reasons are a LaRaza lawyer is every bit as racist as a KKK and the LaRaza lawyer will get off every single time simply because they hate Trump for exposing them.


Offline Mechanicos

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==============================

The two main reasons are a LaRaza lawyer is every bit as racist as a KKK and the LaRaza lawyer will get off every single time simply because they hate Trump for exposing them.
Here is a bigger one:
Although State law allowed the Judge to give scholarships to Illegals, Federal law makes that a crime. Federal preempts State Law. So If Trump gets elected President and keeps his word to go after sanctuary cites and enforce Immigration laws. This Judge could be subject to criminal penalties under federal immigration law with Trump as President.
Trump is for America First.
"Crooked Hillary Clinton is the Secretary of the Status Quo – and wherever Hillary Clinton goes, corruption and scandal follow." D. Trump 7/11/16

Did you know that the word ‘gullible’ is not in the dictionary?

Isaiah 54:17

Offline RoosGirl

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Here is a bigger one:
Although State law allowed the Judge to give scholarships to Illegals, Federal law makes that a crime. Federal preempts State Law. So If Trump gets elected President and keeps his word to go after sanctuary cites and enforce Immigration laws. This Judge could be subject to criminal penalties under federal immigration law with Trump as President.

You have already been given evidence by @Luis Gonzalez, on a different thread, that this is not true.

"Illegal under Federal law for States to give financial aid to illegal alien students?

You should mention that to the Federal government:

1. As an undocumented student or DACA student, am I eligible for federal student aid?

No. Undocumented students, including DACA students and Dreamers, are not eligible for federal student aid. However, you may be eligible for state or college financial aid. Most states and colleges use information collected on the Free Application for Federal Student Aid (FAFSA®) to determine whether you are eligible for aid. If you have a Social Security number, you may complete the FAFSA, and we encourage you to do so at fafsa.gov. However, we first recommend that you check with your high school counselor or your college or career school financial aid office to see what types of financial aid you may be eligible to receive and whether completing the FAFSA is the way to apply for that aid.

2. As an undocumented student or DACA student, am I eligible for in-state tuition?

It depends. In some states, undocumented students, or specifically DACA students, are eligible to receive in-state tuition. Please check with your high school or your college or career school financial aid office.

That's from a Federal government document."

Are you saying that Luis is wrong?  Proof?

Offline RoosGirl

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Per @Mechanicos

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

    * assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

    * encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

    * knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

HAPPY2BME

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Per @Mechanicos

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

=============================

If that statute were enforced, the POTUS and 90% of the senate and congress both at the federal and state levels would be in a jail cell this time tomorrow.

Offline Mechanicos

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You have already been given evidence by @Luis Gonzalez, on a different thread, that this is not true.

"Illegal under Federal law for States to give financial aid to illegal alien students?

You should mention that to the Federal government:

1. As an undocumented student or DACA student, am I eligible for federal student aid?

No. Undocumented students, including DACA students and Dreamers, are not eligible for federal student aid. However, you may be eligible for state or college financial aid. Most states and colleges use information collected on the Free Application for Federal Student Aid (FAFSA®) to determine whether you are eligible for aid. If you have a Social Security number, you may complete the FAFSA, and we encourage you to do so at fafsa.gov. However, we first recommend that you check with your high school counselor or your college or career school financial aid office to see what types of financial aid you may be eligible to receive and whether completing the FAFSA is the way to apply for that aid.

2. As an undocumented student or DACA student, am I eligible for in-state tuition?

It depends. In some states, undocumented students, or specifically DACA students, are eligible to receive in-state tuition. Please check with your high school or your college or career school financial aid office.

That's from a Federal government document."

Are you saying that Luis is wrong?  Proof?
Yeh Louis is wrong as I just showed him on another thread, he bootstrapped State law in his argument. Here is the Federal law.
 Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.

Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime. Anyone employing or contracting with an illegal alien without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.

Recruitment and Employment of Illegal Aliens

It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States. It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work. Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified. It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements. Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with three days' advance notice, the forms must be made available for inspection. Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home. Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law. An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verfication of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor. The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements. If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.

An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts. Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer's work force. Knowledge cannot be inferred solely on the basis of an individual's accent or foreign appearance.

Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien work force of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.

IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not protected by the First Amendment. It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to five years.

Encouraging and Harboring Illegal Aliens

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status.

An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien's illegal employment. Any person who within any 12-month period hires ten or more individuals with actual knowledge that they are illegal aliens or unauthorized workers is guilty of felony harboring. It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien's entry or residence is in violation of the law. This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that "encouraging" includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious errors. The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities without delay upon entry to the U.S.

The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years' imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to twenty years' imprisonment. If the criminal smuggling or harboring results in the death of any person, the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. Courts can impose consecutive prison sentences for each alien smuggled or harbored. A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a victim under the Victim and Witness Protection Act. Conspiracy to commit crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years' imprisonment.
http://www.flimen.org/Section274felonies.htm

The FULL FEDERAL LAW Trump said he would enforce.
https://www.law.cornell.edu/uscode/text/8/1324
Trump is for America First.
"Crooked Hillary Clinton is the Secretary of the Status Quo – and wherever Hillary Clinton goes, corruption and scandal follow." D. Trump 7/11/16

Did you know that the word ‘gullible’ is not in the dictionary?

Isaiah 54:17