6/7/2016 - Pat Buchanan Townhall.com
Before
the lynching of The Donald proceeds, what exactly was it he said about that
Hispanic judge?
Stated succinctly, Donald Trump said U.S. District
Judge Gonzalo Curiel, who is presiding over a class-action suit against Trump
University, is sticking it to him. And the judge's bias is likely rooted in the
fact that he is of Mexican descent.
Can there be any defense of a statement so
horrific? Just this. First, Trump has a perfect right to be angry about the
judge's rulings and to question his motives. Second, there are grounds for
believing Trump is right.
On May 27, Curiel, at the request of The Washington
Post, made public plaintiff accusations against Trump University -- that the
whole thing was a scam. The Post, which Bob Woodward tells us has 20 reporters
digging for dirt in Trump's past, had a field day.
And who is Curiel? An appointee of President Obama, he has for
years been associated with the La Raza Lawyers Association of San Diego, which
supports pro-illegal immigrant organizations.
Set aside the folly of letting Clinton surrogates
like the Post distract him from the message he should be delivering, what did
Trump do to be smeared by a bipartisan media mob as a "racist"? He
attacked the independence of the judiciary, we are told.
But Presidents Jefferson and Jackson attacked the
Supreme Court, and FDR, fed up with New Deal programs being struck down, tried
to "pack the court" by raising the number of justices to 15 if
necessary.
Abraham Lincoln leveled "that eminent
tribunal" in his first inaugural, and once considered arresting Chief
Justice Roger Taney.
The conservative movement was propelled by attacks
on the Warren Court. In the '50s and '60s, "Impeach Earl Warren!" was
plastered on billboards and bumper stickers all across God's country.
The judiciary is independent, but that does not
mean that federal judges are exempt from the same robust criticism as
presidents or members of Congress.
Obama himself attacked the Citizens United decision
in a State of the Union address, with the justices sitting right in front of
him.
But Trump's real hanging offense was that he
brought up the judge's ancestry, as the son of Mexican immigrants, implying
that he was something of a judicial version of Univision's Jorge Ramos.
Apparently, it is now not only politically
incorrect, but, in Newt Gingrich's term, "inexcusable," to bring up
the religious, racial or ethnic background of a judge, or suggest this might
influence his actions on the bench. But these things matter.
Does Newt think that when LBJ appointed Thurgood
Marshall, ex-head of the NAACP, to the Supreme Court, he did not think Marshall
would bring his unique experience as a black man and civil rights leader to the
bench? Surely, that was among the reasons Marshall was appointed.
When Obama named Sonia Sotomayor to the Supreme
Court, a woman of Puerto Rican descent who went through college on affirmative
action scholarships, did Obama think this would not influence her decision when
it came to whether or not to abolish affirmative action?
"I would hope that a wise Latina woman with
the richness of her experiences would more often than not reach a better
conclusion than a white male who hasn't lived that life," Sotomayor said
in a speech at Berkeley law school and in other forums. Translation: Ethnicity
matters, and my Latina background helps guide my decisions.
All of us are products of our family, faith, race
and ethnic group. And the suggestion in these attacks on Trump that judges and
justices always rise about such irrelevant considerations, and decide solely on
the merits, is naive nonsense. There are
reasons why defense lawyers seek "changes of venue" and avoid the
courtrooms of "hanging judges."
When Obama reflexively called Sgt. Crowley
"stupid" after Crowley's 2009 encounter with that black professor at
Harvard, and said of Trayvon Martin, "If I had a son, he'd look like
Trayvon," was he not speaking as an African-American, as well as a
president?
Pressed by John Dickerson on CBS, Trump said it's
"possible" a Muslim judge might be biased against him as well.
Another "inexcusable" outrage.
But does anyone think that if Obama appointed a
Muslim to the Supreme Court, the LGBT community would not be demanding of all
Democratic Senators that they receive assurances that the Muslim judge's
religious views on homosexuality would never affect his court decisions, before
they voted to put him on the bench?
When Richard Nixon appointed Judge Clement
Haynsworth to the Supreme Court, it was partly because he was a distinguished
jurist of South Carolina ancestry. And the Democrats who tore Haynsworth to
pieces did so because they feared he would not repudiate his Southern heritage
and any and all ideas and beliefs associated with it.
To many liberals, all white Southern males are
citizens under eternal suspicion of being racists. The most depressing thing
about this episode is to see Republicans rushing to stomp on Trump, to show the
left how well they have mastered their liberal catechism.
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