No bias evident in key Trump U rulings

[Valin]

Power Line:

Paul Mirengoff

June 7, 2016

 

Donald Trump’s attack on Gonzalo Curiel, the judge in the Trump U case, isn’t a legal argument or strategy. It’s venting, plus an attempt to go on the offensive regarding a political line of attack which almost certainly will be raised against him by Hillary Clinton.

 

Even so, I thought it would be worthwhile to see whether Judge Curiel’s key rulings in the case suggest bias against Trump. Because I spent a fair amount of my professional career seeking or (more often) opposing class certification, I decided to focus first on the judge’s Order granting class certification — that is, his decision to let the plaintiffs proceed collectively against Trump.

 

I conclude that the judge’s decision reflects no bias against Trump. Many, and maybe most, judges likely would have ruled as Judge Curiel did.

 

The Federal Rules of Civil Procedure set forth a multi-part test for determining when class certification is warranted. You can read about the factors in Judge Curiel’s order. In many cases, as in Trump’s, the issue tends to come down to whether “questions of law or fact common to class members predominate over any questions affecting only individual members,” so that a class action is “superior to other available methods for fairly and efficiently adjudicating the controversy.”

 

(Snip)

[Valin]

Trump Backs Down
John Hinderaker
June 7, 2016

Since he clinched the nomination, Donald Trump’s campaign has been a train wreck. His criticism of Judge Gonzalo Curiel, who presides over the Trump University case, has been a four-alarm disaster. After his initial comments provoked controversy, Trump returned to the subject several times and dug the hole deeper. Finally, earlier today, Trump tried to put the matter behind him with this statement.

Trump’s statement consists mostly of a defense of Trump University and whining about Judge Curiel’s treatment of him, but this part is salient:

It is unfortunate that my comments have been misconstrued as a categorical attack against people of Mexican heritage. I am friends with and employ thousands of people of Mexican and Hispanic descent. The American justice system relies on fair and impartial judges. All judges should be held to that standard. I do not feel that one’s heritage makes them incapable of being impartial, but, based on the rulings that I have received in the Trump University civil case, I feel justified in questioning whether I am receiving a fair trial.

(Snip)

Hallelujah. But the cows are pretty well out of the barn. Trump’s original comments were not racist, as Paul wrote a little while ago. But they were criminally stupid. No real politician would have committed such an unforced error. Perhaps Trump fans who thought it would be great to nominate a man who is not a politician are now seeing the downside of selecting an amateur.

 

I used to think highly of Paul Ryan. I was surprised to learn, some years ago, that my wife really, really didn’t like him. As is so often the case, her insight was sharper than mine. Ryan’s denunciation of Trump’s complaint about Judge Curiel as “the textbook definition of a racist comment” was, to put the most favorable construction on it, cowardly. As Paul wrote, it was flat-out wrong.

 

(Snip)

 

___________________________________________________________________________________________________________________________

 

Bold Mine Get ready for 4 years of this.

[Valin]

“What happens is the judge, who happens to be, we believe, Mexican, which is great. I think that’s fine,” Gosh isn't it a really beautiful day today Mr. Trump said

[Draggingtree]

6/7/2016

Donald Trump: My Comments Have Been Misconstrued

Filed under: General — Dana @ 5:11 pm

[guest post by Dana]

Trump comments about his “misconstrued statement” regarding the American federal judge overseeing the Trump University case:

 

It is unfortunate that my comments have been misconstrued as a categorical attack against people of Mexican heritage. I am friends with and employ thousands of people of Mexican and Hispanic descent. The American justice system relies on fair and impartial judges. All judges should be held to that standard. I do not feel that one’s heritage makes them incapable of being impartial, but, based on the rulings that I have received in the Trump University civil case, I feel justified in questioning whether I am receiving a fair trial.

…

Normally, legal issues in a civil case would be heard in a neutral environment. However, given my unique circumstances as nominee of the Republican Party and the core issues of my campaign that focus on illegal immigration, jobs and unfair trade, I have concerns as to my ability to receive a fair trial.

http://patterico.com/2016/06/07/donald-trump-my-comments-have-been-misconstrued/

 

[Valin]

 

6/7/2016

Donald Trump: My Comments Have Been Misconstrued

Filed under: General — Dana @ 5:11 pm

[guest post by Dana]

Trump comments about his “misconstrued statement” regarding the American federal judge overseeing the Trump University case:

 

It is unfortunate that my comments have been misconstrued as a categorical attack against people of Mexican heritage. I am friends with and employ thousands of people of Mexican and Hispanic descent. The American justice system relies on fair and impartial judges. All judges should be held to that standard. I do not feel that one’s heritage makes them incapable of being impartial, but, based on the rulings that I have received in the Trump University civil case, I feel justified in questioning whether I am receiving a fair trial.

…

Normally, legal issues in a civil case would be heard in a neutral environment. However, given my unique circumstances as nominee of the Republican Party and the core issues of my campaign that focus on illegal immigration, jobs and unfair trade, I have concerns as to my ability to receive a fair trial.

http://patterico.com/2016/06/07/donald-trump-my-comments-have-been-misconstrued/

 

 

 

 

Just think if/when Donald is elected we can look forward to 4 years of this kind of thing. I am trying to recall a week in the last year when he has not said something that 1. makes my head hurt 2. causes me to question the sanity/intelligence of his supporters. So far No Joy.

[Draggingtree]

 

 

6/7/2016

Donald Trump: My Comments Have Been Misconstrued

Filed under: General — Dana @ 5:11 pm

[guest post by Dana]

Trump comments about his “misconstrued statement” regarding the American federal judge overseeing the Trump University case:

 

It is unfortunate that my comments have been misconstrued as a categorical attack against people of Mexican heritage. I am friends with and employ thousands of people of Mexican and Hispanic descent. The American justice system relies on fair and impartial judges. All judges should be held to that standard. I do not feel that one’s heritage makes them incapable of being impartial, but, based on the rulings that I have received in the Trump University civil case, I feel justified in questioning whether I am receiving a fair trial.

…

Normally, legal issues in a civil case would be heard in a neutral environment. However, given my unique circumstances as nominee of the Republican Party and the core issues of my campaign that focus on illegal immigration, jobs and unfair trade, I have concerns as to my ability to receive a fair trial.

http://patterico.com/2016/06/07/donald-trump-my-comments-have-been-misconstrued/

 

 

 

 

Just think if/when Donald is elected we can look forward to 4 years of this kind of thing. I am trying to recall a week in the last year when he has not said something that 1. makes my head hurt 2. causes me to question the sanity/intelligence of his supporters. So far No Joy.

 

Well what R we to do bout the mess the party of Lincoln is in.

[Valin]

@Draggingtree

 

Wish I knew.

[Valin]

@Draggingtree

 

Wish I knew.

 

[Valin]

Trump advisor: Hugh Hewitt should be banned from the convention for calling for our leaders ouster

Allahpundit

June 8, 2016

 

Hewitts employed by the same company that owns our site but Id say the same thing in defense of anyone whom Scavino wants to exile from the convention. If being a Republican means nothing more than pledging loyalty to Trump such that opposing him forfeits your right to attend party gatherings, then you should follow Hewitt out if hes banned. Unless I misunderstood him this morning, Hewitt is still willing to vote for Trump in November; he wants Trump replaced at the convention because he thinks hes a sure loser against Clinton, not because he cant in good conscience support him. If thats not good enough to get him through the door in Cleveland despite having been a loyal Republican for decades, which is much more than you could say for the nominee, then walk away with him.

 

And even if he did say he couldnt vote for Trump in good conscience, why should he be banned for that? Should the populist Republicans who refused to vote for Romney be banned too? The party is bigger than Trump. Or at least it should be.

 

 

 

 

Dan Scavino Jr. ✔ @DanScavino

 

Assume hater Hugh Hewitt will not be attending the @GOP Convention. If he is - the RNC should BAN him from attending.

 

3:53 PM - 8 Jun 2016

· Manhattan, NY, United States

(Snip)

 

Hewitt responded to Scavino, by the way:

 

Hugh Hewitt ✔ @hughhewitt

 

 

I'll be at the #Cleveland convention broadcasting my own show and with @NBC. I promised the @OhioGOP for which I keynoted last weekend.

 

 

4:55 PM - 8 Jun 2016

 

(Snip)

[Valin]

OTOH

The Clinton University Scandal?
Steven Hayward
June 9, 2016

Everyone knows about the problems with Trump University. Trump should just be glad that Trump U didn’t have a Division I NCAA football team, or else he might well have Title IX complaints to go with the class action civil suit.
But did you know that Bill Clinton was a university chancellor? I didn’t either. There he is, over to the left. Moreover, he was paid $16 million by Laureate International Universities to be their “honorary” chancellor. Just think how much Slick Willie could have pulled down if he’d been a real chancellor. Just what is Laureate International University? It’s the parent company of Walden University, a mostly online, for-profit diploma mill that is facing the same kind of civil suits and fraud allegations as Trump University. Funny how the media seems to be uninterested in this story.

Jonathan Turley reports:

Laureate Education has been sued over such programs as its Walden University Online offering, which many have alleged is a scam designed to bilk students of tens of thousands of dollars for degrees. Students says that they were repeatedly delayed and given added costs as they tried to secure degrees, leaving them deeply in debt.

The respected Inside Higher Education reported that Laureate Education paid Bill Clinton an obscene $16.5 million between 2010 and 2014 to serve as an honorary chancellor for Laureate International Universities. While Bill Clinton worked as the group’s pitchman, the State Department funneled $55 million to Laureate when Hillary Clinton was secretary of state. That would seem a pretty major story but virtually no mainstream media outlet has reported it while running hundreds of stories on the Trump University scandal.

There was even a class action — like the Trump University scandal. Travis et al v. Walden University LLC, was filed in U.S. District Court in the District of Maryland but dismissed in 2015. It is not clear why it was dismissed..........(Snip)

 

 

(Snip)