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Trump Draws More Flak From Legal Experts for Racial Attacks On Judge. Roger Algase

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Update, June 2 at 9:56 pm:

In his most horrifying and chilling comment yet, Trump has accused US District Judge Gonzalo Curiel of having a "conflict of interest" in the Trump University lawsuit because of the Judge's "Mexican heritage". According to The Hill, Trump claims the Judge's ethnic background is relevant because Trump is "building a wall".

The implications for an independent judicial branch of government in America if Trump is elected president are devastating. Conceivably, many of Trump's immigration actions as president could become subject to federal court litigation.

Would government lawyers in a Trump administration argue that every judge in every such case with a Latino name should be disqualified from sitting or ruling in the case because of his or her ancestry? What about Justice Sonia Sotomayor? Would Trump try to have her recuse herself from such a lawsuit if it reached the Supreme Court?

If she did not so so, would Trump try to have her removed from the bench?

Could America still call itself a democracy in such an event?

See:

http://www.thehill.com/blogs/ballot-...ct-of-interest

My original post follows:


Concern among legal authorities over whether Trump would respect the independence of the judiciary as president continues to grow. as the Washington Post reports on June 1 in its article:

Trump's personal, racially tinged
attacks on federal judge alarm legal experts

(I do not have a link - please go to

www.washingtonpost.com)

Trump's most recent attack against Indiana-born US District Judge Gonzalo Curiel, who is in charge of the lawsuit against him over his allegedly fraudulent "Trump University", as a "Mexican" and a "hater" is not the first, according to the above story. The Post reports:

"...in February...[Trump] told Fox News that Curiel was biased against him because of his controversial immigration comments and proposals, including his promises to build a giant wall on the U.S. Mexico border amd deport 11 million illegal immigrants.

Trump also said, according to The Post's article;

"
I think it has to do with the fact that I'm very, very, strong on the border...Now , he is Hispanic, I believe. He is a very hostile judge to me."

The Post also reports that a spokesperson for Trump, Katrina Pierson, falsely accused Judge Curiel of being a member of La Raza, and therefore biased against Trump. In fact, Curiel belongs to the San Diego La Raza Lawyer's Association, an unrelated, non-partisan, professional group.

According to the above article, Luis Osuna, president of the above association, said that:

"Trump's attempts to discredit Curiel should give voters serious pause, not least because his comments reduce Hispanics in the legal profession to their heritage."

Osuna was also quoted as saying:

"Every time these is a comment like this, it is disheartening...It is not, unfortunately, surprising, given the source of the comments. But it displays a complete lack of understanding of the role we have as attorneys and judges and the role we have in upholding the Constitution."

The same article also quotes Charles Gardner Geyh, a professor at Indiana University's Maurer School of Law, as saying that Trump's comments about Judge Curiel raised an issue of "throwing the judiciary under the bus"​.

Trump's inexcusable racial attacks on Judge Curiel, which amount to a claim that the Judge's ethnicity in and of itself makes him incapable of rendering a fair decision in the lawsuit against Trump, are just one more indication that the prejudice against Mexicans and other minority immigrants which Trump has made a centerpiece if his campaign can lead to undermining America's entire system of rule of law and government under the Constitution.
__________________________________
Roger Algase is a New York immigration lawyer and a graduate of Harvard College and Harvard Law School. For more than 35 years, he has been helping mainly skilled and professional immigrants obtain work visas and green cards.

Roger's practice is primarily focused on H-1B specialty occupation and O-1 extraordinary ability work visas, J-1 training visas, and green cards through labor certification and opposite sex or same sex marriage. His email address is algaselex@gmail.com



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Updated 06-02-2016 at 08:56 PM by ImmigrationLawBlogs

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