If you haven’t heard about the federal judge that partially blocked the Pentagon funds diverted for the border wall between U.S.-Mexico, the word on the street today is that he also donated nearly $30,000 to Barack Obama and other Democrats.
U.S. District Court Judge Haywood Gilliam made the border about him instead of the American people, and he and his connections got caught in the crosshairs.
Another activist Obama appointed judge has just ruled against us on a section of the Southern Wall that is already under construction. This is a ruling against Border Security and in favor of crime, drugs and human trafficking. We are asking for an expedited appeal!
— Donald J. Trump (@realDonaldTrump) May 25, 2019
Of course and as one would expect, this politically motivated judge’s ruling has nothing to do with the law. While points about the power to appropriate and separation of powers is correct in general, they are false with respect to this case. The President is merely trying to spend already appropriated money within the confines of authorization and appropriation acts already passed by the Congress. No constitutional foul here, except by the judge.
U.S. District Court Judge Haywood Gilliam, an Obama appointee confirmed in 2014, donated $6,900 to Barack Obama’s debut campaign for president and $14,500 to his reelection campaign, according to federal election records. The same records also indicate he contributed $4,500 to the Democratic National Committee in 2012 and, between 2012 and 2015, sent $3,100 to the Covington Burling LLP PAC, which supports candidates from both parties. His contributions totaled $29,000.
Gilliam made the donations, first reported by the Epoch Times, prior to serving as a U.S. District judge. He had said during his confirmation hearing that he “would base my decisions solely on the facts of each case and the applicable precedent, without regard to any political ideology or motivation,” and that “any personal views would not interfere in any way with my ability to neutrally apply the law.”
Gilliam is one of three federal judges who have donated to Democratic candidates in the past and recently ruled against the Trump administration. [Washington Examiner]
The problem with the judge’s ruling is that Congress has already appropriated the money in question to the DoD. Once the DoD has the money, it’s up to them (and the Executive Branch that controls them) to decide how it’s spent. He is correct about new funding, but this isn’t new funding.
And that’s what makes Gilliam an activist judge. A real judge would have followed the law. This judge injected his personal views and ruled to weaken our national security and our sovereignty.
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For an activist judge, having opinions overturned by a higher court makes him/ her/ it inconsequential. Do it a few times, and the arrogance dwindles. Their egos are enormous, and it doesn’t look good on the resume to get repeatedly knocked down like a game of whack a mole.
Gilliam should have recused himself from the case but he didn’t and his decision is tainted because of the donations. Why do they do this to themselves?
Getting all the federal district and circuit court judges confirmed will go a long way to continuing the trend. Getting a couple more SCOTUS appointments confirmed and we will have a generational shift away from lawfare!
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