If David Duke were sued, should he only get a white judge?

[ALiberalModerate]

Donald Trump claims that the fact that the judge in Trump University case is of Mexican descent, he is incapable of being fair to him as a judge. So, if David Duke were sued, should he only get a white judge?

 

[MaggieD]

Donald Trump claims that the fact that the judge in Trump University case is of Mexican descent, he is incapable of being fair to him as a judge. So, if David Duke were sued, should he only get a white judge?

Would it surprise you if his legal team requested that a black jurist recuse himself? That's what we're talking about, after all. Is it REASONABLE to ask. And yes, it is.

 

[mak2]

I don't think it is reasonable to select jurors by race alone.

 

[ALiberalModerate]

Would it surprise you if his legal team requested that a black jurist recuse himself? That's what we're talking about, after all. Is it REASONABLE to ask. And yes, it is.

That is not the same question though. No, it would not surprise me if David Duke hired a racist lawyer that believed that a black judge could not be impartial to David Duke in a case. To believe that a judge cannot be impartial based upon their race or ethnicity is a purely racist belief. So sure, David Duke would probably believe such a thing because David Duke is a racist.

 

[roughdraft274]

Would it surprise you if his legal team requested that a black jurist recuse himself? That's what we're talking about, after all. Is it REASONABLE to ask. And yes, it is.

It wouldn't surprise me if his legal team requested it. But it's not reasonable. Regardless, we are talking judges. You need a much better reason to pull a judge off of a case or for a judge to recuse themselves than "he's black" or "he's of mexican heritage".

What Trump is arguing is stupid and racist. How anyone with Mexican heritage could ever possibly vote for him, I'll never know. I'm guessing it won't be many.

 

[mak2]

I don't know how anyone could vote for him, but there are millions. Maybe America has not come as far as I thought.

It wouldn't surprise me if his legal team requested it. But it's not reasonable. Regardless, we are talking judges. You need a much better reason to pull a judge off of a case or for a judge to recuse themselves than "he's black" or "he's of mexican heritage".

What Trump is arguing is stupid and racist. How anyone with Mexican heritage could ever possibly vote for him, I'll never know. I'm guessing it won't be many.

 

[roughdraft274]

I don't know how anyone could vote for him, but there are millions. Maybe America has not come as far as I thought.

I'm from Louisiana. I totally get how some people could vote for him. They'd vote for Larry the Cable Guy if he promised to tell the senate to "get-r-done". They ****ing love Trump down here. He's a god-fearing businessman with a heart of gold and a knack for leadership, while not following the left's silly PC standards according to some. It's insanity.

 

[katzgar]

I'm from Louisiana. I totally get how some people could vote for him. They'd vote for Larry the Cable Guy if he promised to tell the senate to "get-r-done". They ****ing love Trump down here. He's a god-fearing businessman with a heart of gold and a knack for leadership, while not following the left's silly PC standards according to some. It's insanity.

The US borders 3 third world countries Mexico, Louisiana and south Florida so be careful how you look at things.

 

[MaggieD]

That is not the same question though. No, it would not surprise me if David Duke hired a racist lawyer that believed that a black judge could not be impartial to David Duke in a case. To believe that a judge cannot be impartial based upon their race or ethnicity is a purely racist belief. So sure, David Duke would probably believe such a thing because David Duke is a racist.

It wouldn't surprise me if his legal team requested it. But it's not reasonable. Regardless, we are talking judges. You need a much better reason to pull a judge off of a case or for a judge to recuse themselves than "he's black" or "he's of mexican heritage".

What Trump is arguing is stupid and racist. How anyone with Mexican heritage could ever possibly vote for him, I'll never know. I'm guessing it won't be many.

I don't disagree with much here. EXCEPT Southern Democrat's assertion that Trump doing so is RACIST. It most certainly is NOT. It is a legal strategy.

Now, I would fully expect that Trump's team would do some background checking...looking at whatever quotes they might find...and other things that would bolster a recusal argument. That's our legal system. We don't suspend it because we don't like the defendant.

 

[mak2]

It is a racist legal strategy. Trump is playing to the "them" people and taking our country back base, they love that stuff. Of course 'them" people aren't worthy to judge "great Americans" like Trump and the rest of us white people. It is as racist as I can imagine and I am not quite sure the argument it is not. Trump posits the judge cant do him job because he is Mexican. How is that not racist again?

I don't disagree with much here. EXCEPT Southern Democrat's assertion that Trump doing so is RACIST. It most certainly is NOT. It is a legal strategy.

Now, I would fully expect that Trump's team would do some background checking...looking at whatever quotes they might find...and other things that would bolster a recusal argument. That's our legal system. We don't suspend it because we don't like the defendant.

 

[roughdraft274]

The US borders 3 third world countries Mexico, Louisiana and south Florida so be careful how you look at things.

Ha, never heard it put that way. If they cut the budget in Louisiana any more then we will get to third world status soon enough.

 

[Redress]

Would it surprise you if his legal team requested that a black jurist recuse himself? That's what we're talking about, after all. Is it REASONABLE to ask. And yes, it is.

No, really, it is not reasonable. It is illegal to use a peremptory challenge to dismiss a jury member(if that is what you are saying) based on race. If you mean the judge, that would majorly fail. If race would affect impartiality, and since every one has a race, we would not be able to get anything done.

 

[Redress]

It is a racist legal strategy. Trump is playing to the "them" people and taking our country back base, they love that stuff. Of course 'them" people aren't worthy to judge "great Americans" like Trump and the rest of us white people. It is as racist as I can imagine and I am not quite sure the argument it is not. Trump posits the judge cant do him job because he is Mexican. How is that not racist again?

I kinda sorta go with Maggie on this. It is racial, not racist. But I try to avoid calling things racist. It is however not a good legal strategy. As any trial lawyer whether making insulting, racial insinuations about a judge of your case is good legal tactics, I think you will get near 100% agreement on the answer.

 

[cabse5]

Donald Trump claims that the fact that the judge in Trump University case is of Mexican descent, he is incapable of being fair to him as a judge. So, if David Duke were sued, should he only get a white judge?

I voted no to your poll. Let me also interject, if David Duke had a biased against the KKK judge, I would expect the judge to recuse themself due to this partisan belief. We should never allow a Judge Roy Bean. We should always allow impartial judges (SCOTUS, too).

The judge in question belongs to an organization called La Raza. La Raza is an advocacy organization dedicated to Latino concerns. One of which is lessening immigration laws and immigration standards for Latinos in the US. This judge should recuse himself.

 

[shrubnose]

Let's cross that bridge when and if we ever come to it.

Why waste our time worrying about what may never happen?

 

[X Factor]

Mexican is a race? If someone dislikes Americans, are they racist?

 

[MaggieD]

It is a racist legal strategy. Trump is playing to the "them" people and taking our country back base, they love that stuff. Of course 'them" people aren't worthy to judge "great Americans" like Trump and the rest of us white people. It is as racist as I can imagine and I am not quite sure the argument it is not. Trump posits the judge cant do him job because he is Mexican. How is that not racist again?

Racism relates to prejudice or antagonism toward a person or group based on the belief that the other race is inferior. That is absolutely NOT what this is about. Racism is a very narrow definition. We need to embrace that and stop crying racism all the time.

 

[MaggieD]

No, really, it is not reasonable. It is illegal to use a peremptory challenge to dismiss a jury member(if that is what you are saying) based on race. If you mean the judge, that would majorly fail. If race would affect impartiality, and since every one has a race, we would not be able to get anything done.

Yeah, I did mean the judge. It may not be a good legal strategy, but I'd guess it's done. And throwing crap against the wall to see what sticks isn't unusual.

 

[HonestJoe]

Mexican is a race? If someone dislikes Americans, are they racist?

There’s no clear definition of race. Laws and principles relating to “racism” commonly extend to national and cultural identifications in addition to those identified as racial.

 

[X Factor]

Would it surprise you if his legal team requested that a black jurist recuse himself? That's what we're talking about, after all. Is it REASONABLE to ask. And yes, it is.

Let's all be real here, I think the OP would actually be perfectly ok if the judge had on his Facebook page, "I hate David Duke and I hope I get the chance to preside over a case against him". He'd still argue that trying to recuse that judge was racist because of his own bias against Duke. Who really cares if Duke has a fair anything?

 

[Redress]

Mexican is a race? If someone dislikes Americans, are they racist?

Ethnicity, which in this case is treated much like race. There are times when picking nits makes sense. This really is not one of them.

 

[Redress]

Let's all be real here, I think the OP would actually be perfectly ok if the judge had on his Facebook page, "I hate David Duke and I hope I get the chance to preside over a case against him". He'd still argue that trying to recuse that judge was racist because of his own bias against Duke. Who really cares if Duke has a fair anything?

Dude, srsly, that was kinda ****ed. He is asking a semi-legit question. Should race/ethnicity be a reason for a judge to recuse themselves?

 

[X Factor]

There’s no clear definition of race. Laws and principles relating to “racism” commonly extend to national and cultural identifications in addition to those identified as racial.

Sorry, I happen to believe words have meaning. If I hate Germans, am I racist? Plenty of folks hate Americans, and often times the political left is sympathetic to those who do, does that make the haters (and their sympathizers) racist?

 

[mak2]

He is saying a judge cannot do his job because he is Mexican. Of course we can define racism in such a way no one can be racist. Some people I known define racism as believing every single person of one race was inferior genetically to every single person of another race. Then they said look, we have Ben Carson so we cannot be racist. I think Trump really wants courts (and everything else) in America divided by race and ethnicity. If he is elected we are back to the 60's. Anyone keep those whites only signs for the drinking fountain?

Racism relates to prejudice or antagonism toward a person or group based on the belief that the other race is inferior. That is absolutely NOT what this is about. Racism is a very narrow definition. We need to embrace that and stop crying racism all the time.

 

[X Factor]

Dude, srsly, that was kinda ****ed. He is asking a semi-legit question. Should race/ethnicity be a reason for a judge to recuse themselves?

Should David Duke have a fair (hypothetical) trial? Does anyone really care?