Chief Justice Roberts Issues Rare Rebuke To Trump; Trump Fires Back | Texas Public Radio

Chief Justice Roberts Issues Rare Rebuke To Trump; Trump Fires Back

Nov 21, 2018
Originally published on November 21, 2018 8:16 pm

Updated at 5:55 p.m. ET

In a rare moment of direct criticism, Supreme Court Chief Justice John Roberts rebuked President Trump on Wednesday for the president's description of a federal judge who ruled against his asylum policy as "an Obama judge." Within hours, the president fired back on Twitter, launching an unusual conflict between the executive and judicial branches.

"We do not have Obama judges or Trump judges, Bush judges or Clinton judges," Roberts said in a statement. "What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them."

"That independent judiciary is something we should all be thankful for," Roberts said. Roberts has never responded to any president so directly and publicly before.

"Sorry Chief Justice John Roberts, but you do indeed have 'Obama judges,' and they have a much different point of view than the people who are charged with the safety of our country," tweeted Trump.

Trump's initial response was to a ruling by U.S. District Judge Jon Tigar, who issued a temporary restraining order against Trump's asylum policy Monday, saying it violated a provision of the asylum law. Trump called the decision a "disgrace," adding, "this was an Obama judge and I'll tell you what, it's not going to happen like this anymore."

Trump went on to excoriate the 9th Circuit Court of Appeals which he wrongly blamed for the ruling, saying, "Every case that gets filed in the Ninth Circuit, we get beaten. And then we end up having to go to the Supreme Court, like the travel ban, and we won," Trump said.

However, Tigar is a district court judge who sits in San Francisco, and the Ninth Circuit, which encompasses much of the western United States, has not yet been asked to rule on his decision. Tigar's decision is also temporary, lasting only until Dec. 19 when the judge is scheduled to hear arguments about whether the order should remain permanent.

In a continued spate of tweets, the President later referenced Fox News reporting as part of his justification, "'79% of these decisions have been overturned in the 9th Circuit.' @FoxNews A terrible, costly and dangerous disgrace. It has become a dumping ground for certain lawyers looking for easy wins and delays. Much talk over dividing up the 9th Circuit into 2 or 3 Circuits. Too big!"

This is not the first time Trump has criticized a judge. During the presidential campaign, he called one judge with a Spanish surname who ruled against him a Mexican, alleging he couldn't rule fairly because of Trump's proposal to build a wall along with border with Mexico and called another who ruled against his travel ban "a so-called judge."

The American Bar Association joined in the criticism of Trump's comments.

"Disagreeing with a court's decision is everyone's right, but when government officials question a court's motives, mock its legitimacy or threaten retaliation due to an unfavorable ruling, they intend to erode the court's standing and hinder the courts from performing their constitutional duties," said ABA president Bob Carlson.

Copyright 2018 NPR. To see more, visit https://www.npr.org.

AUDIE CORNISH, HOST:

In an extraordinary move, the chief justice of the United States, John Roberts, has released a statement rebuking President Trump for comments he made yesterday disparaging a federal judge. Within hours, Trump fired back on Twitter as NPR legal affairs correspondent Nina Totenberg reports.

NINA TOTENBERG, BYLINE: Earlier this week, U.S. District Judge Jon Tigar temporarily blocked the Trump asylum policy. Whatever the scope of the president's authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden, Judge Tigar wrote. Yesterday, an angry Trump shot back.

(SOUNDBITE OF ARCHIVED RECORDING)

PRESIDENT DONALD TRUMP: This was an Obama judge, and I'll tell you what. It's not going to happen like this anymore.

TOTENBERG: Today, in response to questions from the press corps, Chief Justice John Roberts issued this statement - quote, "we do not have Obama judges or Trump judges, Bush judges or Clinton judges. What we have is an extraordinary group of dedicated judges doing their level best to do equal right to those appearing before them. That independent judiciary is something we should all be thankful for" - close quote. Trump was apparently unaware of several aspects of Judge Tigar's decision - first, that it's temporary, lasting at this point only until December 19 when the judge is scheduled to hear arguments as to whether to make this order permanent. And second, that Tiger is a district court judge who, while sitting in Northern California, is not a judge on the 9th Circuit Court of Appeals. Nonetheless, the president lumped the two courts together.

(SOUNDBITE OF ARCHIVED RECORDING)

TRUMP: It means an automatic loss, no matter what you do, no matter how good your case is. And the 9th Circuit is really something we have to take a look at.

TOTENBERG: After issuing other such veiled threats, Trump concluded this way.

(SOUNDBITE OF ARCHIVED RECORDING)

TRUMP: It's a disgrace what happens with the 9th Circuit. We will win that case in the Supreme Court of the United States.

TOTENBERG: Indeed, he might well prevail when the case gets to the Supreme Court. But Chief Justice Roberts has never responded to any president so directly and publicly before. He clearly wanted to send a counter message to Trump's, one that's measured in tone but firm as to the concept of judicial independence. Trump didn't take the hint. Within hours, he fired back tweeting (reading) sorry, Chief Justice John Roberts, you do indeed have Obama judges, and they have a much different view than the people who were charged with the safety of the country.

Trump has long been quick to criticize judges, whether those judges were involved in private lawsuits against Trump's business interests or ruling on administration policies. In 2016, candidate Trump blasted Judge Gonzalo Curiel who was presiding over a lawsuit against Trump University. Trump publicly derided Curiel as biased, incorrectly calling the Indiana-born judge a Mexican. Here he is on CNN talking to Jake Tapper in June of 2016.

(SOUNDBITE OF ARCHIVED RECORDING)

TRUMP: He's a Mexican. We're building a wall between here and Mexico.

TOTENBERG: Since then, Trump has repeatedly scorned judges appointed by presidents of both political parties. He's even criticized the federal system of immigration judges, calling it corrupt, although the system is administered by his own Justice Department. Indeed, when then-Supreme Court nominee Neil Gorsuch privately told senators that such attacks are not good for the morale of the federal judiciary, Trump was reported to have considered pulling the nomination. Nina Totenberg, NPR News, Washington. Transcript provided by NPR, Copyright NPR.