Judge who Trump criticized may decide fate of border wall

[libertybele]

Judge who Trump criticized may decide fate of border wall

The federal judge who then-candidate Donald Trump once accused of being biased against him because of his tough immigration stance could end up deciding whether the president gets his long-promised border wall.

U.S. District Court Judge Gonzalo Curiel, whose parents emigrated from Mexico, was attacked by Trump in 2016. Trump said the judge held “tremendous hostility” against him in a lawsuit involving Trump University because of Curiel’s Mexican descent.

Trump doubled-down on the controversial remarks during the campaign and told The Wall Street Journal that Curiel has "an absolute conflict of interest" because of his Mexican heritage in addition to "an inherent conflict of interest" because of the proposal to build a border wall.

Curiel is now expected to hear a case on Friday regarding the Trump administration’s ability to ignore environmental laws in the construction of the wall along the U.S.-Mexico border, The Hill reported.............

http://www.foxnews.com/politics/2018/02/06/judge-who-trump-criticized-may-decide-fate-border-wall-report.html

[driftdiver]

Why hasn't the judge recused himself?

[Concerned]

That judge seemed to do just fine in the Trump University case, actually ruling for Trump more than he ruled against him, and that case was satisfactorily settled (despite Trump’s attacks against the judge):

Writing in his blog on LitigationAndTrial.com, attorney Max Kennerly conducted a review of all the orders issued by Judge Curiel since he was assigned to the Trump University case in 2013. Kennerly concluded that the judge has ruled in Trump’s favor far more often than he has ruled against him. According to Kennerly, “Judge Curiel … generally ruled against the plaintiffs, including refusing their request to amend the complaint and extend discovery, and, most recently, rejecting their trial plan.”

Donald Trump has an odd way of showing his appreciation for a trial judge who, as his attorney said, is just “doing his job.”

https://www.cato.org/publications/commentary/why-judge-curiel-may-be-donald-trumps-best-friend

[edpc]

Well, the good thing is the Trump criticism of this judge occurred early in the 2016 campaign.  We’re now fully aware he didn’t really mean a lot of things he said in his election bid, so the judge can relax.

[Elderberry]

https://www.biologicaldiversity.org/news/press_releases/2018/New-Mexico-border-wall-waiver-01-22-2018.php



Trump Administration Waives Environmental Laws for New Mexico Border Wall

TUCSON, Ariz.— The Trump administration today waived more than 30 environmental laws to speed construction of 20 miles of border wall in eastern New Mexico, the third time the “REAL ID” waiver has been used by the Trump administration.

The waiver is meant to allow construction of the New Mexico border wall section without having to comply with laws that protect clean air, clean water, public lands or endangered wildlife.

“The Trump administration is stopping at nothing to ram through this destructive border wall,” said Brian Segee, a senior attorney with the Center for Biological Diversity. “Trump’s divisive border wall is a humanitarian and environmental disaster, and it won’t do anything to stop illegal drug or human smuggling.”

Today’s action will allow the U.S. Department of Homeland Security to waive more than 30 environmental and other laws to convert 20 miles of vehicle barriers into bollard walls along the border west of El Paso, Texas, at the Santa Teresa Land Port of Entry. The Center is considering whether to challenge the waiver in court.

Last year the Center sued to challenge the Trump administration’s use of the waiver to build replacement walls south of San Diego. The lawsuit states that waiver authority expired years ago, it’s an unconstitutional delegation of power to the Department of Homeland Security, and the wall violates the Endangered Species Act.

A hearing on the case is scheduled Feb. 9 in U.S. District Court in San Diego. Similar lawsuits, filed by California Attorney General Xavier Becerra and other conservation groups, have been consolidated into one case before U.S. District Judge Gonzalo Curiel.

Beyond jeopardizing wildlife, endangered species and public lands, the U.S.-Mexico border wall is part of a larger strategy of ongoing border militarization that damages human rights, civil liberties, native lands, local businesses and international relations. The border wall impedes the natural migrations of people and wildlife that are essential to healthy diversity.

[IsailedawayfromFR]

A non-issue.

The judge cannot assume he can over-rule the Executive when it comes to the defense of this country, and that is what the border wall does.

Trump can easily ignore any order that says otherwise, environmental laws or not.

This is like a judge ruling a tank in combat does not have the proper emission controls on the tank so it must be removed from battle.

A very stupid argument to make.

[bilo]

Now we are going to see why the border wall needs to be built before any deal on illegal immigrants.

Odds are the judge will rule against Trump and then the case will be appealed. It will be part of the Rat strategy to keep construction tied up in the courts until they have a majority and can then end the idea of building a wall.

[bilo]

A non-issue.

The judge cannot assume he can over-rule the Executive when it comes to the defense of this country, and that is what the border wall does.

Trump can easily ignore any order that says otherwise, environmental laws or not.

This is like a judge ruling a tank in combat does not have the proper emission controls on the tank so it must be removed from battle.

A very stupid argument to make.

The Pubs are not like the Rats. The Rats would defend Obama no matter what. The Pubs will abandon Trump the second he ignores a court order and impeachment proceedings will start.

[Oceander]

A non-issue.

The judge cannot assume he can over-rule the Executive when it comes to the defense of this country, and that is what the border wall does.

Trump can easily ignore any order that says otherwise, environmental laws or not.

This is like a judge ruling a tank in combat does not have the proper emission controls on the tank so it must be removed from battle.

A very stupid argument to make.

No, the executive cannot simply ignore court rulings it does not like.  That is the very definition of lawless behavior. 

[edpc]

No, the executive cannot simply ignore court rulings it does not like.  That is the very definition of lawless behavior.

Technically, you’re correct, but it’s not without precedent.  Andrew Jackson famously ignored a court order without consequence.

[Oceander]

Technically, you’re correct, but it’s not without precedent.  Andrew Jackson famously ignored a court order without consequence.

That didn’t make his actions lawful.  If we’re willing to throw out the obligation to only act lawfully and replace it with a “anything you can get away with” standard, then we truly are a banana republic. 

[IsailedawayfromFR]

No, the executive cannot simply ignore court rulings it does not like.  That is the very definition of lawless behavior.

You are assigning more power to the Judicial than the Constitution allows.

In no manner, way, shape or form did that document make the elected Congress or Executive subservient to the unelected Judicial.

[edpc]

That didn’t make his actions lawful.  If we’re willing to throw out the obligation to only act lawfully and replace it with a “anything you can get away with” standard, then we truly are a banana republic.

That’s why I said you were technically correct.  The example I pointed out was to show that it can and has happened.  He was never held accountable. I suppose you could argue since that day, we have been a banana republic.

[IsailedawayfromFR]

That didn’t make his actions lawful.  If we’re willing to throw out the obligation to only act lawfully and replace it with a “anything you can get away with” standard, then we truly are a banana republic.

Nope, a banana republic is present when unelected people have power over the people.

Your erroneous efforts to make Judical dictates supreme in this land are exactly that.

[Emjay]

That judge seemed to do just fine in the Trump University case, actually ruling for Trump more than he ruled against him, and that case was satisfactorily settled (despite Trump’s attacks against the judge):

https://www.cato.org/publications/commentary/why-judge-curiel-may-be-donald-trumps-best-friend

The Judge probably ruled wrong in that University case but that's beside the point.

The Judge had no dog in that fight.

He should not be allowed to rule on anything relative to immigration as he has already declared his positions.

[Emjay]

https://www.biologicaldiversity.org/news/press_releases/2018/New-Mexico-border-wall-waiver-01-22-2018.php



Trump Administration Waives Environmental Laws for New Mexico Border Wall

TUCSON, Ariz.— The Trump administration today waived more than 30 environmental laws to speed construction of 20 miles of border wall in eastern New Mexico, the third time the “REAL ID” waiver has been used by the Trump administration.

The waiver is meant to allow construction of the New Mexico border wall section without having to comply with laws that protect clean air, clean water, public lands or endangered wildlife.

“The Trump administration is stopping at nothing to ram through this destructive border wall,” said Brian Segee, a senior attorney with the Center for Biological Diversity. “Trump’s divisive border wall is a humanitarian and environmental disaster, and it won’t do anything to stop illegal drug or human smuggling.”

Today’s action will allow the U.S. Department of Homeland Security to waive more than 30 environmental and other laws to convert 20 miles of vehicle barriers into bollard walls along the border west of El Paso, Texas, at the Santa Teresa Land Port of Entry. The Center is considering whether to challenge the waiver in court.

Last year the Center sued to challenge the Trump administration’s use of the waiver to build replacement walls south of San Diego. The lawsuit states that waiver authority expired years ago, it’s an unconstitutional delegation of power to the Department of Homeland Security, and the wall violates the Endangered Species Act.

A hearing on the case is scheduled Feb. 9 in U.S. District Court in San Diego. Similar lawsuits, filed by California Attorney General Xavier Becerra and other conservation groups, have been consolidated into one case before U.S. District Judge Gonzalo Curiel.

Beyond jeopardizing wildlife, endangered species and public lands, the U.S.-Mexico border wall is part of a larger strategy of ongoing border militarization that damages human rights, civil liberties, native lands, local businesses and international relations. The border wall impedes the natural migrations of people and wildlife that are essential to healthy diversity.

Environmental wackos have greatly overstepped their bounds in the last few years.

All environmental laws should be repealed and we should start over only enacting laws that are actually necessary for our welfare.  This is especially true of laws to protect wildlife.

[Concerned]

The Judge probably ruled wrong in that University case but that's beside the point.

The Judge had no dog in that fight.

He should not be allowed to rule on anything relative to immigration as he has already declared his positions.

@Emjay

I didn't know that.  What are his publicly stated positions that would make him biased in a case involving administration’s ability to ignore environmental laws in the construction of the wall?

[Emjay]

@Emjay

I didn't know that.  What are his publicly stated positions that would make him biased in a case involving administration’s ability to ignore environmental laws in the construction of the wall?

I didn't know it either.  But he is a  member of the San Diego La Raza Lawyers Association, a nonprofit professional association of Latino lawyers that is affiliated with a statewide organization, the La Raza Lawyers of California, which allows me to make some inference as to his interests.

[Concerned]

I didn't know it either.  But he is a  member of the San Diego La Raza Lawyers Association, a nonprofit professional association of Latino lawyers that is affiliated with a statewide organization, the La Raza Lawyers of California, which allows me to make some inference as to his interests.

OK.  He's also a life-member of the Hispanic National Bar Association (HNBA), and I know they called for a boycott of Trump businesses.  I'm not sure whether the judge was personally for or against that boycott, and I don't know what his position is on environment law and the wall and whether that position is biased in any way.

[Emjay]

OK.  He's also a life-member of the Hispanic National Bar Association (HNBA), and I know they called for a boycott of Trump businesses.  I'm not sure whether the judge was personally for or against that boycott, and I don't know what his position is on environment law and the wall and whether that position is biased in any way.

We'll both need to hunt away.  If he's never said anything I can use, he will be a Silent Judge.