It’s not exactly as ironic as rain on your wedding day, but close enough for Alanis Morissette to maybe sing about: A lawsuit filed by lawyers for Juan Manuel Montes, the 23-year-old guy who should have been protected by DACA but was deported anyway in February, has been assigned to U.S. District Judge Gonzalo Curiel, the judge in one of the Trump “University” class action lawsuits. Yes, the same Gonzalo Curiel who Donald Trump had multiple public hissy fits over last summer because the Indiana-born federal judge was “Mexican,” and therefore obviously too biased to give Trump a fair hearing.
Even MoarDonald Trump Yells More At Messican Judge In Trump University Suit, Forgets One Weird Trick
Now living with an aunt and uncle in Mexico, Montes is being represented by lawyers with the National Immigration Law Center, who have filed suit to force Homeland Security to release all their records on his arrest and deportation. That case has been assigned at random to Judge Curiel, purely by coincidence, in accordance with the rules for the Southern District of California:
Kari Hong, an assistant professor at Boston College Law School who used to be an attorney in California, said judges are selected based on a rotating schedule. The court sets up a list of available judges and they are assigned each case as they come in.
You can hear the gears turning in Trump’s head, can’t you? But…but…this is the judge Donald Trump already said was too biased to handle another lawsuit, because he’s Messican, and Donald Trump’s going to build a beautiful wall to keep Messican terrorists and murderers like this learning-disabled DACA guy from ever getting into the USA! Are Messican judges even allowed to rule in cases involving other Messicans? Everyone knows only white judges can be objective (preferably, all judges would be male and Republican, but we haven’t fixed some flaws in the system yet). Shouldn’t Curiel have to recuse himself for having a conflict of interest?
Probably not, says Hong, who explained that having been yelled at by a guy with weird hair doesn’t count:
“Simply being attacked by the President isn’t a conflict of interest. If that were the standard, the entire 9th Circuit Court of Appeals couldn’t handle a single case,” she said, referring to the San Francisco-based appeals court that shot down Trump’s attempts to institute a travel ban against six majority-Muslim countries.
Well, crap. If you can’t make a judge in a federal case go away simply by yelling at him, then where the hell is justice anyway?
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