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Trump's Outlaw View of the Judiciary

Ruth Marcus on

Trump does not settle, or so he claims, because that would signal weakness. When he is losing, or faces the prospect of losing, that is because the legal system -- just as the Republican nominating process -- is somehow rigged against him.

"I am getting railroaded by a legal system ... and frankly, they should be ashamed," he complained of the Trump University lawsuit. Imagine -- and shudder -- a sitting president crusading like that against a court decision that failed to go his way. President Obama's in-the-justices-face criticism of the Citizens United ruling pales by comparison. Trump views judges as just another target for his bullying, like corporate executives who ship jobs overseas or the PGA tour.

For a businessman with such extensive court experience, not to mention a sister who is a federal appeals court judge, Trump demonstrates shocking ignorance. "He's been criticizing my sister for signing a certain bill," Trump said of Ted Cruz at a February debate. "You know who else signed that bill? Justice Samuel Alito ... signed that bill."

Bill, opinion, whatever. Actually, Alito didn't sign that "bill." He filed a separate concurrence on partial-birth abortion.

Ignorance is one thing, disdaining the role of the courts and indicating willingness to misuse them is quite another.

The disdain was illustrated by Trump's half-cocked, scarcely vetted list of potential Supreme Court nominees. Selecting justices is one of a president's weightiest decisions but Trump seemed to give this one less attention than what marble to use in a hotel. Meantime, Trump put these judges in the uncomfortable position of seeming to audition for the job in future rulings.

 

As to the misuse, listen to Trump on Thursday, about how he would proceed against Hillary Clinton if elected. "Hillary Clinton has to go to jail. She's guilty as hell," Trump said. "Five years' statute of limitations, if I win. Now, everything is going to be fair but I'm sure the attorney general will take a very good look at it."

So much for presumption of innocence, or the notion that the White House should not use prosecutorial power to go after its enemies. "He'll have a White House counsel," Senate Majority Leader Mitch McConnell told radio host Hugh Hewitt.

To listen to Trump is to understand: This is scant assurance.

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Ruth Marcus' email address is ruthmarcus@washpost.com.


Copyright 2016 Washington Post Writers Group

 

 

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