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Well, perhaps you know of some circumstance in which an attorney has been sanctioned or lost their license due to filing a motion to recuse. I have not heard of such. I will say that I do seem to recall a criminal attorney that got in trouble with the court for filing dozens of motions without there being any reasonable grounds for said motions (if I recall the name of the attorney, I will edit; I think he was defending some mobster).
I suspect that, unless Trump's attorneys have been filing such egregious motions with the court, they could, if they wanted to, file a motion to recuse without suffering dire circumstances to themselves.
Indeed, given how Mr. Trump has been carrying on about this Federal District Judge, it strikes me as odd that such a motion to recuse has not been made. If Mr. Trump ultimately loses the case, would he then file some type of complaint against his attorneys for NOT filing a motion to recuse? Or use it as a basis for appeal?
The opinion article does cite several examples of where an attorney got into trouble for making a motion to recuse a sitting judge, usually in a particularly egregious manner. From the article:
"And in 1996, attorneys Larry Klayman and Paul Orfanedes questioned the fairness of U.S. District Court Judge Denny Chin. They pointed out in a letter that the judge was an appointee of President Bill Clinton and an Asian-American, who they claimed could be biased due to Klayman's involvement in litigation against Democratic donor John Huang and other Asian-Americans.
Chin said to Klayman, "You asked questions of the Court, at least in part, because of my race?"
"In part," Klayman responded. "I, for instance, would not sit as a Jewish American on a case that involved a Palestinian."
Chin said the question was "offensive." He ordered Klayman and Orfanedes never to appear before him again, and to notify any other judges they appeared before that they had been sanctioned.
An appeals court upheld the punishment in 1998, saying, "A suggestion that a judge cannot administer the law fairly because of the judge's racial and ethnic heritage is extremely serious, and should not be made without a factual foundation going well beyond the judge's membership in a particular racial or ethnic group."
So, the poster I was responding to appears correct: it can be dangerous for an attorney to make a motion to recuse a judge, if the basis for the recusal is without any foundation and, apparently, harmful to the dignity of the Court.
It is, then, no wonder that Trumps' attorneys have not made such a request to this sitting Judge in San Diego. What could they say? "You are biased because you are a Mexican born in Indiana and our client wants to wall out Mexicans?"
Can anyone explain why the website of the legal organization the judge belongs to links to the racist National Council of La Raza and other pro-illegal groups?
Imagine that... a JUDGE associating with formal organizations that support, aid, and abet ILLEGAL immigrants.
Nice try, but it's ILLEGAL IMMIGRANTS that Trump and other American's take issue with, not LEGAL IMMIGRANTS. If you don't understand the difference then there is no helping you.
If that were true, then why would he attack Judge Curiel? He's a US Citizen born in Indiana and Trump has stated that he is prejudiced against him *because* he is Mexican.
Can anyone explain why the website of the legal organization the judge belongs to links to the racist National Council of La Raza and other pro-illegal groups?
Imagine that... a JUDGE associating with formal organizations that support, aid, and abet ILLEGAL immigrants.
It's been explained at least a dozen times try reading the 154 posts in this thread, I'm sure you will find your answer.
I've not yet seen a sufficient explanation of why it's OK for a JUDGE to belong to a legal organization that associates with formal organizations that support, aid, and abet ILLEGAL immigrants.
Many minorities need help to get a level playing field. Finding fault in Judge Curiel for being part of an organization to help American minorities is just another low blow by Trumpy's cult. Character assassination for what? For political gain.
What part of granting scholarships to illegal aliens didn't you get? Illegal aliens aren't plain ole "minorities".
What part of granting scholarships to illegal aliens didn't you get? Illegal aliens aren't plain ole "minorities".
You don't know what Judge Curiel thought about the granting of a scholarship to ONE person who stated they were undocumented. Judge Curiel was part of a group that awarded the scholarships. Maybe he preferred someone else to get the scholarship but was overruled.
And the group acted 100% within the law.
Even Texas gives undocumented students free tuition if they meet the requirements.
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