Are Trump-appointed judges in Trump court cases a conflict of interest?

Question

Some of the judges at former President Trump's trials were appointed by him when he was President. Does that constitute a conflict-of-interest so that they should recuse themselves?

Some judges seem to be treating him more harshly that a typical defendant, perhaps to let everyone know they are not being swayed by the fact that he gave them their job. Others may go easier on him, recognizing that he did give them their job.

Either way, couldn't that be interpreted as a conflict-of-interest? and the grounds for an appeal?

abc3643 · Accepted Answer

No, not at all. Our government could not function if we assumed that was so. This is one reason why we appoint judges for life at the Federal level - to avoid quid pro quos. However, judges should recuse themselves if they are associated with the case in some previous fashion or due have a conflict of interest.

For instance, Associate Justice Kagan previously was Solicitor General of the United States. That means she was the chief lawyer who represented "The United States" (the legal term for the Federal Government). When a case goes before the US Supreme Court and the United States (again, the Fed Gov) is a party, the Solicitor General or someone within the SG's office will represent the US. Also, the Supreme Court may want the Federal Government's buy-in on a case between two parties, so the SCOTUS asks the SG to file an amicus brief.

Sometimes SCOTUS cases are not immediately resolved. The SCOTUS will "remand" a case back to the lower court (usually a US Court of Appeals) for adjudication "consistent with the findings of the Court". This means that the case has to be resolved there, but that the SCOTUS clarified and dictated a particular constitutional aspect of the case. However, that case may again return to the SCOTUS. (This happened with some Trump case during his administration.)

So, if the Solicitor General or some other lawyer in the previous case has then become a justice of the SCOTUS, he or she must recuse themselves. Kagan has had to do that a few times.

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As an example of not having a conflict of interest, Trump appointed 3 SCOTUS judges and, at varying times, each one has ruled against him. Why? Because they did their job of interpreting the law regardless of who put them in that position.

WhiteSteve · Accepted Answer

I mean…. ideally you wouldn’t have Trump appointees on the cases, but that leaves you with mostly Democratic presidents’ appointees, right? I figure most of W’s would be retiring if they haven’t already. So then you’re left with the alternative, and the last thing we need more of in America are widespread claims that nothing you see is as it seems and everything is rigged behind the scenes. That’s a fast track to a destroyed country. That’s the most damaging attitude I feel we need to eliminate in Americans, it’s just gone absolutely crazy, I think more because it’s compelling than because it’s true.

Honestly, Judge Cannon in Florida seems a little suspect, but it just is what it is, because in other cases the judges are less friendly. Juries, not judges, will ultimately decide this, so it’s just a matter of if any shenanigans go on procedurally.

I’m thinking it just doesn’t matter though, to the rest of us, because spinning any and every story to satisfy a specifically right or left wing audience is a BOOMING cottage industry, and most people are frankly pretty dumb and will just settle on whichever news-spin feels good for them. So regardless of the outcome, someone will be crying foul. If he’s acquitted, the left isn’t going to be like “oh, our bad, guess you guys were right. Carry on, go Trump!” and the right, if he’s acquitted, isn’t going to say “dang, we had it all wrong and really bet on the wrong horse. Sorry about that, America! I LOVE Joe Biden!”😂

So, here we are….🤷‍♂️

purplepoppy · Accepted Answer

On the international stage it doesn't put the American court system in a good light. I think given Trumps status as an ex president and his continuing influence he should have been tried by an international court like the Haque.

milyjohn · Accepted Answer

LOL Kind of like if a prosecutor campaigned on the premise of going after Trump.

Amy10223 · Answer

As far as I know, most judges that were appointed by him have always been lenient with him. I can't think of one who has not.

As far as judges go, they need to be impartial--no matter who is on the stand. That's part of their oath that they need to work by. But, it doesn't always go that way. Some judges will word things differently or bring out some points that are not thought of by prosecutors to judge in a different light. Most people I know of--feel that Trump has gotten away with a lot of things he does in court--and should be held in contempt. I agree.

TheorionMage · Answer

Trump appointed Judges SHOULD recuse themselves from proceedings to proactively preclude the appearance of being beholding to any other but their Constituent's.

The law CLAIMS when tried, you're entitled to be judged by a jury of your peers BUT ever seen a police trial wherein the jury WERE ALL various municipality's police officers? ONLY such a jury would TRULY KNOW the myriad elements a Police Officer Defendant would have had to consider under life/death situations. Nevertheless the public at-large would feel such a jury would be 'prejudiced' in favor of the cop.

Likewise, prospective trials regarding the newly-enacted abortion law constraints. Juries of Gynecologists, Obstetricians, former abortioned females... ALL would have far greater expertise to APPLY the law to an Abortion Clinic Surgeon's choices!

Avicenna · Answer

The obvious cases of judicial bias in these cases involve judges who are Democrats (for example, in one case the opposing party's attorney was once the judge's law clerk) and prosecutors who are coordinating with/have been directed by the Biden White House.

Underlying problem is that these cases have all been brought for political reasons. There's your primary problem. A political figure like Trump isn't going to be treated fairly by his political opponents, as we have seen time and time again. Best thing to do is let the voters decide in a free and fair election.

WindAtMyBack · Answer

Well, a president can appoint hundreds of judges. Which is to say that somebody else puts them on a list and the president OKs what's stuck in front of him. The president can't possibly know much about any of them.

I really don't think it's a big deal. Plus it might be hard to avoid.

goaded · Answer

Generally, as has historically been the case, judges have been apolitical (nobody talked about what president nominated them), but there are notable exceptions these days.

Judge Cannon is an obvious example, delaying a trial that will last at most a week for as long as possible, even being rebuked by an appeals court in the documents case.

Clarence Thomas' wife was directly involved with the people running the conspiracy to steal the presidency for Trump.

exitseven · Answer

Judges are supposed to be neutral and independent of the Executive branch. That does not always work out. The judges that are presiding over the 4 trials that President Trump is dealing with now are all democrat appointees with long records of donating the the democrat party and formerly workd for democrats and appointed by democrats. That is not considered a conflict of interest either even though there is obvious bias.

RavVid · Answer

Not a US citizen but this is world wide issue. Politicians can at least influence judicial appointments but the premise is that judges act only within the legal framework. The question is if that is so. Quite clearly some judges are activist and will make inventive findings.

I am more concerned on judges that are outside of the black letter of the law school of thought.

hahahmm · Answer

How would that work out exactly, given that many judges were appointed by Obama, Biden and Clinton, all of whom hate Trump's guts and would also have to be banned.

docster · Answer

I would say it's NOT a conflict of interest because Trump okayed constitutionalist judges who follow the constitution. Liberal appointed judges go by their own politics and feelings.

DJB72 · Answer

No more than loading up with Biden judges to "impartially" adjudicate is a conflict of interest. Just get Clarence Thomas to hear the case...

AngryCarl · Answer

That very much depends on the judge. Some Trump-appointed judges are still able to apply the law without fear or favour. Clarence Thomas and Aileen Cannon, not so much. Judges who were unfit when they were appointed.

OtterMan68 · Answer

Several Trump appointed judges have ruled against his bogus election fraud cases, and even his supreme court justices have gone against him. Then there's Aileen Cannon.

Guido · Answer

The US has a political court system not an independent and impartial court. Political affiliations of judges make rulings in line with party politics not based on independent law.

Democracy in the US is a laughing joke around the world and you have Trump to thank for that.

JacobJordan · Answer

Judges have to remain impartial if they show favoritism then it becomes a whole mess

RedInnocent68 · Answer

No, not if they’re doing there job… Not sure I can say the same about SCOTUS. We’ll see where they land on states’ rights re organizing elections.

Twalli · Answer

If a conflict of interest was of concern for either side, they could have asked for the judge to be recused. The fact they didn't means that they didn't see it as such.

normalice · Answer

Not necissarily but when it comes to the modern republican party, yes. They have shown over and over they are happy to break the law, let alone assumptions of good faith, to protect Trump.

Surely · Answer

Doesn’t seem to be. Since there are enough of them ruling against him.

strateguy632 · Answer

obviously not, because ALREADY appointed, no dependency nor conflict.

Demonatrix · Answer

I think they are.

Are Trump-appointed judges in Trump court cases a conflict of interest?

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