By Jon Dougherty
President Donald Trump is not the only person in America to criticize the federal judiciary in recent years for its stunning overreach into areas of government our founders specifically tried to wall off.
Earlier this month, in fact, former federal prosecutor and GOP lawmaker Bob Barr noted that when it comes to the issue of immigration, especially, activist federal judges have routinely flouted established law and constitutional presidential authority to rule against the country and on behalf of people who have no legal right to be here.
If you were to guess the most critical problem faced by President Trump in dealing with the flood of illegal immigration at our southern border, what would it be? Foreign government-sponsored migration caravans? Funding for the border wall? A shortage of border patrol agents? Indeed, these all are aspects of the serious problems Trump is encountering in addressing the ongoing crisis at out southern border; but they fail to get to the heart of the problem the president faces in taking steps to solve the crisis.
In a word, judges are the main obstacle standing between the president and his ability to seriously address the border crisis. Federal judges.
Interestingly, our founding fathers warned of this very problem more than two centuries ago. “At the establishment of our constitutions, the judiciary bodies were supposed to be the most helpless and harmless members of the government,” Thomas Jefferson wrote in 1823. “Experience however soon shewed in what way they were to become the most dangerous.”
Any serious observer of the evolving relationship between the Legislative, Executive, and Judicial branches over the past several decades would agree that the federal court system — not states, not Congress and certainly not the president — have become the final arbiter of rule in America.
So it’s outrageous for a federal judge to not only deny this is happening but to compare our current president to a Democratic evil from a bygone era.
As reported by The Daily Caller:
A federal trial judge delivered a stunning rebuke of President Donald Trump on Thursday, comparing the president’s “assault on our judiciary” to the Ku Klux Klan and segregationist Dixiecrat George Wallace.
U.S. District Judge Carlton Wayne Reeves of the federal trial court in southern Mississippi launched those broadsides during remarks at University of Virginia Law School, where he was accepting the Thomas Jefferson Foundation Medal.
“When politicians attack courts as ‘dangerous,’ ‘political,’ and guilty of ‘egregious overreach,’ you can hear the Klan’s lawyers, assailing officers of the court across the South,” Reeves said.
“When the executive branch calls our courts and their work ‘stupid,’ ‘horrible,’ ‘ridiculous,’ ‘incompetent,’ ‘a laughingstock,’ and a ‘complete and total disgrace,’ you can hear the slurs and threats of executives like George Wallace echoing into the present,” the judge added.
Reeves was obviously holding a grudge because he was particularly critical of POTUS Trump’s remarks regarding Judge Gonzalo Curiel, who presided over a civil fraud action against the now-defunct Trump University.
POTUS called Curiel “biased” and “a hater,” and suggested that the judge should be conflicted out of the case because he planned to crack down on illegal immigration and build a border wall.
“I know what I heard when a federal judge was called ‘very biased and unfair’ because he is ‘of Mexican heritage,’” Reeves said. “When that judge’s ethnicity was said to prevent his issuing ‘fair rulings.’ When that judge was called a ‘hater’ simply because he is Latino.”
“I heard the words of James Eastland, a race-baiting politician, empowered by the falsehood of white supremacy, questioning the judicial temperament of a man solely because of the color of his skin,” Reeves continued. “I heard those words, and I did not know if it was 1967 or 2017.”
Okay, except if it were 1967, the James Eastland he was hearing was a Democrat.
And where is it written that presidents cannot criticize other branches of government — but it’s okay for members of the other branches to criticize the Executive?
Let’s be clear, here. The federal judiciary isn’t the “independent” branch it tries to make itself out to be. Judges and Supreme Court justices are not nominated first and foremost for their constitutional understanding and legal prowess; they are first and foremost nominated for their political allegiance, and this is especially true during Democratic administrations.
By comparison, Republican presidents — and especially Trump — nominate judges and justices based on their understanding of, and deference to, our nation’s founding document, because that is what our founders intended. We know this because Democrat-aligned groups opposed to the president’s border policies are seeking out Democrat-appointed judges to file their lawsuits, and those judges are delivering for them.
We also know this based on the Left-wing fanaticism we saw during the Brett Kavanaugh hearings; no Democratic nominee has ever undergone anything close to that.
Reeves is right to be concerned about racism, bigotry, and the KKK. He’s just picked the wrong person — President Trump – to blame.
As to the president’s complaints about Left-wing judicial activism in the federal court system thwarting his attempts to secure our border and keep the country safe, only a partisan hack would deny that self-evident truth.
- Follow Jon Dougherty on Twitter at @JonDougherty10