Trumps Motion for Summary Judgement April 10 2015

Moreover, Plaintiffs lack any evidence that Mr. Trump did not hand select TU’s instructors. To the contrary, the undiputed facts show that Mr. Trump not only personally met with some instructors, but he also reviewed the resumes of all the instructors.

.. Mr. Trump testified at his deposition that he did not personally send emails to prespective students, but TU may have done so

Makaeff als cannot recall seeing the Donald Trump video — the only source of the alleged oral misrepresentation by Mr. Trump regarding his handpicking the TU instructors and mentors — and Mr. Trump was not present at her 3-day seminar

.. The only writing Low could identify regarding Mr. Trump’s representation was that fact that pictures of Mr. Trump were used by TU at the 3-day seminar.

On Donald Trump and the rule of law

So what happens is the judge, who happens to be, we believe Mexican, which is great. I think that is fine. You know what? I think the Mexicans are going to end up loving Donald Trump when I give all these jobs. I think they are going to love it. I think they are going to love me. . . .

.. No, this is called “authoritarianism.” It’s what Berlusconi sounded like, what Chávez sounded like and what Perón sounded like — for that matter, it’s what Sulla and Caesar and the others who helped destroy the world’s first great republic sounded like: I am bigger than the law, I AM THE LAW.

.. from a man being seriously considered to head one of the three branches of our government, it is a not-too-thinly-veiled attack on the notion of judicial independence and the rule of law. If the guy in charge of executing the laws thinks the system is “rigged” — against billionaires, I suppose he means — and a “total disgrace,” then . . . well, you can figure it out. Enforce the law against himself? Or against his pals? That’s for suckers.

.. if you are elected president and come back for your civil trial in November — it will be a disgraceful spectacle. Great for ratings, though — and that’s all that matters, right?

.. Our republic has survived some terrible presidents, with terrible ideas about how to run the country; but this is something different. We’ve never had a president who not only thinks the government will be a toy for him to play with and push people around — wow!! how wild is that!! — but who tells us, in advance, over and over again, that that is his game. If we vote him into office, I suppose we will deserve what comes.

.. Our form of government will not work if the executive branch does not respect the legitimacy of decisions made by the judicial branch, because our judicial branch is entirely without power to enforce its judgments without the assistance of the executive branch.  

.. While I don’t want to be accused of over-dramatization, it is not inappropriate to point out, on this day after Memorial Day, that many people actually gave their lives to defend this idea, and we dishonor them if we throw it away.

.. And it’s not like he is standing on some important point of constitutional principle; he’s speaking out of naked self-interest, complaining about a case in which he stands to lose many millions of dollars if the judgment goes against him.

.. It is far, far too easy to imagine President Trump on prime time TV tearing up any judgment against him with a big smile on his face: “Hey, Judge Curiel, you think I have to fork $22 million to defrauded customers?  Try and make me …”   After all, the system is rigged – and the judge, to make matters worse, is a Mexican**. President Trump is going to be pushing them around, remember? Not vice versa!

.. That a TV celebrity wants to be above the law and immune to its commands is no surprise; I suspect that lots of TV celebrities would like to act outside the law.But the president actually has the levers of the law in his/her hands.  And there is a name for a chief executive who believes he/she is above the law: tyrant.

What Donald Trump Thinks Judges are good for

Earlier in this season’s campaign, for example, he was asked about judges he might want to nominate to the Supreme Court. “Well, I’d probably appoint people that would look very seriously at her e-mail disaster, because it’s a criminal activity, and I would appoint people that would look very seriously at that to start off with,” Trump said in a phone interview with ABC News, referring to Hillary Clinton. “What she’s getting away with is absolutely murder. You talk about a case—now that’s a real case.”

.. As in most other areas, Trump is transactional about the judiciary. He appears to have no interest in legal philosophy per se; rather, he divides judges, as he divides most others, into the categories of friend and foe. What matters is not how judges think, but where they come out—on Trump’s side, or not.

.. In a speech last week in San Diego, where Curiel sits, Trump unleashed an attackagainst the judge that was unlike any by a Presidential candidate against a sitting judge in living memory. Earlier, Curiel had set the case, which was brought by former students at Trump’s school, for trial in late November, after Election Day. Trump, in response, said, “There should be no trial. This should have been dismissed on summary judgment easily.” He added, “Everybody says it, but I have a judge who is a hater of Donald Trump, a hater. He’s a hater. His name is Gonzalo Curiel.” Trump went on, “The judge, who happens to be, we believe, Mexican, which is great, I think that’s fine.” The case, Trump concluded, was “rigged” against him. “This court system, the judges in this court system, federal court. They ought to look into Judge Curiel, because what Judge Curiel is doing is a total disgrace,” Trump said.

.. But Trump’s complaints are more revealing even than the decisions that irk him. Trump has no apparent philosophy of how judges make decisions; he doesn’t even attempt something as simple, and revealing, as George W. Bush’s antipathy for judges who “legislate from the bench.” For Trump, rather, judging is all personal, at least as far as he is concerned.

.. As illustrated by his attacks on Judge Curiel, Trump’s style is bigoted name-calling, not reasoned critique. That’s his pattern—and not just about judges.