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Trump’s contempt for rule of law Is another assault on American way of life

Chuck Otey's Pro Bono Barrister

June 7, 2016 By Charles F. Otey, Esq. Brooklyn Daily Eagle
Donald Trump. AP photo
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Is it time to reconvene the infamous House Un-American Activities Committee, known infamously in the early 1950s as HUAC?

Not really. But it must be noted that Panderer-in-Chief Donald Trump is following in the dreck-ridden footsteps of the man who used HUAC televised hearings to torment and libel thousands of good Americans in the early 1950s.

In the formative days of television, a rabble-rouser by the name of Sen. Joe McCarthy deployed HUAC to prosecute and persecute everyone and anyone he, or his cronies, suspected of being anti-American, a Communist sympathizer, a Fellow Traveler or even a left-leaning college student who had attended a political soiree back in the 1930s at which Communism was discussed.

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They loved to ask this question: “Are you now, or have you ever been a member of the Communist Party or taken part in any activity that could aid and abet the Communist Party?”

McCarthy used broadcast television the same way Trump has been dominating cable television on a 24/7 basis. In the early 1950s, there were only three major television networks, and since the HUAC hearings were held during TV “deadtime” — the mid-afternoons — McCarthy’s slimy accusations dominated the evening news, which was watched by more than 30 million people.

Within a few years, McCarthy’s campaign was seen for what it was: a witch hunt. Thanks to some courageous journalists — especially Edward R. Murrow — McCarthy and his cronies were unceremoniously brought down and, in the minds of most, disgraced and confined to the dust bin of history.

What would “Tail-Gunner” Joe and Co. think of Republican presumptive presidential nominee Trump? Would McCarthy be an admirer? Good question. Trump seems to hate everything America stands for, particularly our identity-defining policy of welcoming immigrants from all over the globe.

Like it or not, Trumpters, we have built this nation on the labor and talent of millions and millions of immigrants who have brought their strong backs and often brilliant minds to our shores, heeding the promise of freedom boldly outlined on the Statue of Liberty.

And, like it or not, the “forced” immigration of millions of Africans brought in chains here as slaves provided low-or-no-cost labor worth trillions of dollars, which, we should continuously acknowledge, enabled America as we know it to become the leader of the free world.

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Trump Hates the Rule of Law — And it Shows!

Trump’s latest assault on America is his attempt to belittle and denigrate our system of justice in a clear attempt to subvert a principle that is the bulwark of our democracy: the rule of law.

By going after Federal Judge Gonzalo Curiel, who was about to release a thousand or so documents showing that Trump University was little more than a money-grubbing fraud, Trump was striking a low and self-interested blow to the judge and to justice.

Calling that system “rigged,” labeling the judge “very hostile” and “a hater of Donald Trump,” the putative billionaire betrayed a deep and disturbing dislike of the rule of law.  By adding that “[Judge Curiel] happens, we believe, to be Mexican,” Trump reminded us once again of his racist utterance that “Mexico is sending us its rapists and its murders.”

Trump has left no doubt that he hates the very foundational beliefs — most notably the rule of law — that have sustained this nation. His repulsive remarks about Judge Curiel should serve as a final wake-up call to attorneys, no matter what their political leanings, to the uncomfortable reality that Trump sees himself as above and beyond the law.

* * *

Is Councilmember Gentile in Line for a Judgeship?

Limited to further service as he completes his third term as 43rd District councilmember, Vincent Gentile’s friends hope that he has a future on the Kings County bench.

He’s certainly earned something for his service to the Democratic Party. He started out as a state senator, then lost that position to then-Councilmember Marty Golden. But, never one to give in easily, he quickly set his sights on Golden’s vacated council seat.

After an intense special election, the outgoing senator eked out a close — fewer than 40 votes — victory over the late Rosemary O’Keefe, a Republican with close ties to Rudy Giuliani, and attorney Steve Harrison, a Democrat.

His intentions to attain a judicial position are made clear by a filing with the Brooklyn Bar Association, which means he will appear before a number of judicial screening committees; this is the first step in qualifying for party nomination.

Of special interest to those who would hope to replace him is an upcoming fundraiser scheduled for July 11 at the Lonestar Bar & Grill in Bay Ridge. The event is to be held under the auspices of “Gentile for the Future.”

With his future in the council ending officially next year, the one-time Queens assistant district attorney certainly deserves serious consideration for a judgeship.

How could he be replaced?  If the councilmember steps down in the near future, there could be a special election that could amount to a political free-for-all, similar to the contest Gentile won for his first term.

In the ensuing chaos, it isn’t unthinkable that a Republican, a Conservative, a Democrat or a “none of the above” candidate could win the seat.

 


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