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Is Donald Trump Justified Here?

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sp1814 | 09:02 Sun 05th Jun 2016 | News
104 Answers
Donald Trump has said that U.S. District Judge Gonzalo Curiel had "an absolute conflict" in presiding over the litigation on the Trump University case, given that he was "of Mexican heritage" and a member of a Latino lawyers' association.

Mr. Trump said the background of the judge, who was born in Indiana to Mexican immigrants, was relevant because of his campaign stance against illegal immigration and his pledge to seal the southern U.S. border. "I'm building a wall. It's an inherent conflict of interest," Mr. Trump said.

Is this stance understandable, or an indication of his true racist self?

http://www.vox.com/2016/6/3/11848382/donald-trump-racism-media
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Zac-Master

I know...I know, but I've not actually heard any opposing argument.

If the case is being heard without a jury he may well be justified, otherwise not.
Question Author
Jackdaw33

This is the way I see it - it would have been wiser for Trump to say silent, and let the case be heard by Curiel (I almost certain that as this is a civil case, no jury would be involved).

Then if the decision went against him - he could get his lawyers to go over the judicial decision with a fine tooth comb, looking for any hint of bias.

It would have to be done after the event, not before.

You can't just assume someone's integrity based on their race, and as Gromit has pointed out, the law in the U.S. doesn't allow it anyway.
I agree that it would have been wiser to say nothing at this stage, but that's Trump for you.
//If we remove race from the reason...what possible other conflict of interest could there be?//

National allegiance?
Lots of wide-eyed golly-goshness about tonight.
Gee whillikers!
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What has Curiel done to raise suspicion that he would decide against Trump's case, based on his parent's place of birth?

Other than being of Mexican heritage, is there anything in his background that would suggest that he couldn't be fair to Trump?
SP...give up ! They can't answer your question, because there are no facts to back them up. There are none so blind who refuse to see.
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mikey4444

I think you may have hit the nail on the head.

There is no credible answer.

Anyway - must dash, Wallander's begun.
I can answer the question if I must spell it out. A judge with Mexican heritage is to preside over a case involving a man who recently said he'd like to build a wall to keep out the Mexicans. You lot really cannot see that is a conflict of interest? really? be honest with yourself! What if a gay judge was to preside over a case where the defendant had said something anti gay? would that not be the same thing?
TTT, if a defendant had made a sexist remark about women in general, must the judge be male in order to avoid a conflict of interest?
Going back a bit but surely the only true 'All American' Judge would be a native North American 'Red Indian' ?
sp, //I've not actually heard any opposing argument. //

The opposing argument has been offered several times - in fact it is contained within YOUR op where you ask the question "Is this stance understandable?" The answer is "Yes, it is understandable and for the reasons given. Other people can hardly be at fault if you choose not to listen.
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TTT

What if a gay judge was to preside over a case where the defendant had said something anti gay? would that not be the same thing?

Yes exactly!

And in that situation, Trump again wouldn't have a leg to stand on...because he's already made several anti-gay statements.

Basically, if Trump wants to exclude all the people who he's spoken out against in the past 18 months, the only person who might possibly be acceptable to hear his case is Boss Hogg from the Dukes of Hazzard.
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Okay naomi24. I don't agree with Trump's reasons, and I don't believe the appellate court will either.

We'll see.
SP, I suggest you read what TTT said again - which you agreed with - and then consider that in relation to Donald Trump's concern. You'll find that you're climbing up your own bottom.
Eddie ...lol at 22:35 !
not an awfull lot of light in this discussion

Trump seems to be treating the judge as a juror - it might be sensible to exclude a juror ( in the US) on these grounds...

but how do you recuse a judge ?

well this is not the way to do it
https://www.whatdotheyknow.com/request/law_on_recusal_stepping_down_of

[ mini Jay stone walls on the point ]

however here is a useful editorial from the Law Socitey on the english position

http://www.lawgazette.co.uk/judicial-recusal/5038104.fullarticle

and for a start you apply to the judge and not make a media spectacle of it all.

and this happened in the UK - Lord Hoff and amnesty international springs to mind
http://news.bbc.co.uk/1/hi/uk_politics/255976.stm

sozza to bring a few facts into this discussion
what is the american state law on this - o god knows


SP me old china, I'm afraid you appear to be so blinded by your hatred of Trump that any attempt at objectivity is warped by it. Naomi and I have both tried to spell it out, yes he has a point. I would not like to be tried, presided over by a judge that I had recently annoyed, would you?
mikey4444

/// Rubbish TTT ! A Judge is a Judge is a Judge. Trump is plainly trying to use his favourite weapon, the race card. ///

As some are always trying to use their 'Trump' card.

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