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TRUMP’S SO-CALLED ADMINISTRATION AND THE ADMINISTRATION OF JUSTICE

February 12, 2017

TRUMP’S SO-CALLED ADMINISTRATION AND THE ADMINISTRATION OF JUSTICE

Trump has recently called the judge of a federal district court a “so-called” judge, so I thought I would return the favor and write an essay about the performance of his “so-called” administration to date while also noting for his understanding what courts do and don’t do in their administration of justice. I first note that the federal judge he has insulted is a Republican appointed by George Bush, Jr., if that makes any difference to the child in the Oval Office who didn’t get his way in his narcissistic playpen.

I also note that as things now stand on his Muslim ban, he has options, one of which is to appeal the Ninth Circuit’s three-judge panel holding that unanimously upheld the “so-called” district judge’s opinion. Let’s hope that if this case goes to the Supreme Court and he loses that he will not call the Supreme Court justices “so-called” justices, but he may, even though there are no appeals available from that court of final reckoning and such would clearly and finally label him as the incorrigible dictator he aspires to be.

Although Trump has been involved in thousands of lawsuits in his various personal and business ventures, he doesn’t seem to realize that the judiciary itself  is a co-equal and coordinate branch of government on the same constitutional level as the executive branch which he currently heads and that the courts are traditionally independent of political considerations since their only duty is to administer the law without fear or favor while abiding by the organic law of the USA, our Constitution. The judges who serve this system are not presidential handmaidens; they are servants of the law and the Constitution and are called upon to lose their former political identification when donning their robes and taking their oaths to defend the Constitution. There are no Democratic or Republican litigants before them at the bar; there are only litigants. The court’s job is to administer impartial justice.

As a personal example of the foregoing, I have never been an elected or appointed judge but have served in hundreds of cases as a pro tem or special judge in state superior and circuit courts. While this betrays my age, I was once selected as special judge to stop the building of the interstate highway system. After hearing the evidence at trial I denied the relief sought and was unanimously upheld by the state Supreme Court.

This interstate highway idea was an Eisenhower/Republican initiative and I am a Democrat, but my denial was based upon the evidence and the law of condemnation as I interpreted it. Never did I once give any political consideration to the impact of my ruling, and never once should Trump expect judges to make political rulings because he’s the boss and judges had better rule as he pleases or suffer negative tweeting. Their boss is the law and the Constitution and not some bully in a sandbox.

As to Trump’s “so-called” administration and those in it, let’s start with our “so-called” national security director, one Flynn, a friend of the Russians who even though a civilian and not yet a government official took it upon himself to call the Russian ambassador to assure him that when Trump became president that he (Trump) would loosen the sanctions imposed by the previous administration for Putin’s annexation of Crimea, his invasion of Ukraine, and lately his cybercrimes involving interference in our recent presidential election.

If that is an example of what we can expect in the future in terms of the nation’s security, we are indeed in big trouble, especially when Trump himself has repeatedly stated his admiration for Putin as “a strong leader.” Putin is a murdering dictator with atomic capacity and a number one obstacle to world peace far more dangerous than the Syrian leadership or the ayatollahs of Iran or the nut case in North Korea. One wonders just whose side our national security director and president are on. Are the president’s businesses of real estate and branding in Russia more important than the national security of our country? We don’t know, but if his tax returns were made public (and they could be by House subpoena) we might have a clue.

So will the Republican House subpoena and publicize his tax returns, or does party come before America? The short answer is party, which puts the House in bed with Flynn and Trump, politically speaking. Whose side are they on other than trying not to draw a primary opponent in the next election if they should issue a subpoena? I don’t know; let’s ask them in town hall meetings and via letters and phone calls. They are supposed to be representing us, not covering up for out of control politicians.

Then there is Kellyanne, the “so-called” senior adviser for Trump, who showed us the tip of the commercial iceberg in the Oval Office by announcing from the political pulpit that we should all go out and buy the president’s daughter’s clothing line, advertising advice so bad that it even drew rebukes from Republicans.  The bad news is, of course, that the Oval Office has been turned into a commercial bazaar, ranging from the overpriced daughter’s clothing line (assembled in the sweat shops of Southeast Asia) to Trump’s son in law, Kushner, who is conducting business in the White House under the cover of “adviser” to the president.

Nepotism, anyone? Why are we allowing this? Don’t we understand that we are setting a precedent with our failure to put an end to this charade of flirting with foreign dictators and running businesses under our noses? Are there any Americans left to stand up against these outrages to democracy, and if those such as I are only voices in the wilderness, then why is there a wilderness? Are we awake?

Freedom isn’t free and democracy is fragile, so if we really believe in an America steeped in democratic institutions, it is time to step up, starting with a demand that Flynn and Kellyanne resign immediately and all the while watching all other members of Trump’s “so-called” administration like a hawk as well as Trump himself. It is more than just our national security which is at stake; it is a matter of survival of the country and our democracy as well, and we should not be intimidated into submission by tinhorn politicians who plainly have more interest in their bottom lines than America’s survival. Let’s stand up to these bullies today and every day in language they understand – NYET!      GERALD       E

 

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