Why Trump lawyers won’t ask Trump University judge to step aside

Discussion in 'News / Current Events' started by Crabtownboy, Jun 7, 2016.

  1. Crabtownboy

    Crabtownboy
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    There is a curious disconnect between what the presumptive Republican presidential nominee Donald Trump says in public about the judge overseeing two class actions claiming Trump University was a swindle and what Trump’s lawyers do in court.

    The candidate, as you know, has suggested that U.S. District Judge Gonzalo Curiel of San Diego is biased against him because Curiel – an Indiana native whose parents were immigrants from Mexico – disapproves of Trump’s immigration policies. Despite criticism of his comments from luminaries in his own party, Trump has refused to back down, calling the judge’s heritage “an absolute conflict” in an interview last week with the Wall Street Journal.

    But in court, where the Trump University litigation has been plodding along since 2010, there has been nary a suggestion that Judge Curiel should be removed from the case – not for his Mexican roots or for any other reason. And no matter what Trump says, his defense lawyers at O’Melveny & Myers are exceedingly unlikely to file a motion asking the judge to step aside, or recuse himself, based on what we know today.

    In fact, if O’Melveny were to file a recusal motion, according to two law professors and three private lawyers specializing in legal ethics, Trump’s lawyers would expose themselves to sanctions under the Federal Rules of Civil Procedure and to discipline by state bar associations.

    As many, many legal experts have opined in the past few days, a federal judge’s ethnicity or national origin cannot serve as the basis for a claim of judicial bias. The 2nd U.S. Circuit Court of Appeals, for instance, held in its 1998 opinion in MacDraw Inc v. CIT Group that U.S. District Judge Denny Chin (now on the appeals court) was within his rights to sanction two lawyers who asked whether his Asian ancestry prejudiced him against them. (They were involved in completely separate litigation against an Asian fundraiser for President Bill Clinton, who appointed Chin.) “Courts have repeatedly held that matters such as race or ethnicity are improper bases for challenging a judge’s impartiality,” the 2nd Circuit said. Added Alexandra Lahav, who specializes in legal ethics at the University of Connecticut: “There is no basis in the law or our legal history. It’s antithetical to the rule of law.”


    http://blogs.reuters.com/alison-fra...ont-ask-trump-university-judge-to-step-aside/
     
  2. 777

    777
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    Trump wanted this judge to recuse himself, which is more likely to happen than Trump getting him removed from the case.

    This judge has kind of botched this up - to his credit, he did postpone the trial until late November but what I find most questionable about all of this is his agreement to release some of the Trump University documents to the WaPo, then the judge screwed up and released documents that he had to take back and redact before releasing them again. That does not look good.
     
  3. Lewis

    Lewis
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    One good reason why Trump's lawyer may not ask for recusal of Gonzalo Curiel is that the judge hearing the request may impose sanctions. A catch 22, where if your request is refused for whatever reason, you may be penalized.

    Judge Curiel seems to have a personal interest in the outcome, based on his associations and memberships, and should recuse himself. He is a lifetime member of the Hispanic National Bar Association which has declared it's intent to attack all of Trumps business interests.
     
  4. Crabtownboy

    Crabtownboy
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    Good reason not to antagonize the judge. Of course Trump has taken advantage of Hispanics, legal and illegal ... as well as other illegals, Polish workers as an example.
     

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