Home News Trump's 'so-called judge' is a Bush appointed political activist highly regarded in liberal Seattle

Trump’s ‘so-called judge’ is a Bush appointed political activist highly regarded in liberal Seattle

February 6, 2017 at 6:53 am 40 News
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The federal judge who ordered a halt to the Trump administration’s controversial travel ban — derided as a “so-called judge” by a bitter President Trump — is a Republican appointee whose vast legal credentials and volunteer work for poor children and refugees prompted unanimous Senate confirmation more than a decade ago.

U.S. District Judge James Robart stunned many across the country with his decision in Seattle on Friday to temporarily stop enforcement of Trump’s executive order, which denied entry to the U.S. to refugees and to people from seven predominantly Muslim countries.

The dramatic ruling predictably drew comments from the president via Twitter. Early Saturday, he lashed out at Robart, calling the ruling “ridiculous.” Later, Trump tweeted some more, saying due to the “terrible” decision “many very bad and dangerous people may be pouring into our country.”

Stephen C. Smith, a former law partner of Robart’s who now lives in Idaho, couldn’t let Trump’s “so-called judge” remark stand.

“Jim Robart is a great judge, greater man and even better human being …” Smith wrote in a Facebook post. “I think he would consider it a badge of honor to be attacked on Twitter by the childish ignorant Trump.”

Known for a firm but mostly understated and polite demeanor — and ubiquitous bow tie — Robart has made national headlines before.

Last year, Robart declared “black lives matter” during a federal court hearing, saying he would not allow the Seattle police union to hold the city “hostage” by linking demands for higher wages to constitutional policing. His remarks, which drew audible reactions in the courtroom, came at the end of a deeply personal commentary in which he cited a statistic showing black people are shot dead by police at a vastly disproportionate rate.

Robart’s comments came in his role presiding over an ongoing 2012 consent decree requiring Seattle to reform police practices to address Department of Justice allegations of excessive force and biased policing.

His ruling Friday came in a case brought by Washington state Attorney General Bob Ferguson, granting the state’s request for an immediate restraining order blocking further enforcement of the travel ban.

The Trump administration Saturday filed notice of its appeal to the Ninth Circuit Court of Appeals.

“Classic Washington Republican”

Some longtime friends and colleagues said Robart is known for careful legal analysis and a strong sense of the judiciary’s role in checking unconstitutional excesses by Congress or the executive branch.

In an interview, Smith said anyone attacking Robart as some kind of overreaching liberal judicial activist doesn’t know what they’re talking about.

“Jim Robart is not a liberal. He is a classic Washington Republican,” Smith said, putting the judge in the moderate tradition of former U.S. Sen. Slade Gorton.

“He truly believes in the application of the Constitution and that due process and the Establishment Clause mean what they say,” Smith said, referring to the Constitution’s ban on government favoring a particular religion.

Trump’s executive order, signed Jan. 27, is aimed, the president has said, at providing “extreme vetting” for persons from unstable nations breeding terrorist threats against the U.S.

A key argument in Washington’s case against the travel ban is that it was motivated by bias. Ferguson’s complaint cited Trump’s campaign comments, including his December 2015 call for “a total and complete shutdown” of Muslims entering the country.

In Friday’s court hearing, Robart expressed skepticism that such statements by themselves could prove religious bias in the executive order. But he also sharply questioned Department of Justice attorneys over the seven predominantly Muslim nations singled out by the ban, demanding to know whether citizens of those countries had carried out any terrorist attacks in the U.S. since 9/11. The lawyers did not provide examples.

That sort of grilling is in keeping with Robart’s reputation, said Jenny Durkan, who served as U.S. attorney for Western Washington during the Obama administration. “Anybody who walks into Judge Robart’s courtroom knows the number one rule is you better be prepared,” she said.

Durkan added Robart makes decisions based on the law, “and he is not afraid to make a ruling that is difficult and unpopular.”

Mike McKay, a Seattle attorney and Republican who served as U.S. attorney for Western Washington under President George H.W. Bush, described Robart as a moderate Republican with impeccable credentials.

“It’s probably important to note this is a guy who was Republican before he was appointed to the bench and ruled in this (executive-order case),” said McKay, who with Durkan was on the selection panel that recommended Robart’s appointment.

“We must intervene”

A magna cum laude graduate of Whitman College, Robart earned his law degree at Georgetown University. As an attorney in private practice, he worked on complex commercial litigation and rose to managing partner of the Seattle-based law firm Lane Powell Spears Lubersky, now known as Lane Powell.

Robart, 69, also has served as chairman of the board of trustees for Whitman College. In a 2008 talk with students there, he said federal judges can do a lot of good and noted that he’d left a lucrative legal practice to serve in the judiciary.

“I took a two-thirds pay cut to get death threats once a month, but I’m benefiting society,” he said.

President George W. Bush nominated Robart for the federal bench in 2003. The U.S. Senate voted 99-0 in June 2004 to confirm him.

Senators of both parties noted he had been vetted and recommended by a bipartisan selection panel in Washington state.

Before the confirmation vote, Sen. Orrin Hatch, R-Utah, cited Robart’s “wealth of trial experience” as well as his work on behalf of disadvantaged persons, including representing refugees from Southeast Asia.

Robart also worked with at-risk youth, and he and his wife were foster parents to six children, U.S. Sen. Patty Murray noted during a confirmation hearing.

While Robart has been vaulted into the national news, Smith said that his friend and mentor is not known as attention-seeking or prone to “fist pounding” or “histrionics.”

His demeanor has generally been understated and courteous, Smith said. “Even when he was telling you you wrote a crummy brief, it was with a velvet hammer.”

In making his ruling Friday — a move seen not just as a judicial order but a political rebuke — Robart showed that quietly firm touch.

In a calm tone, occasionally sighing, he told a packed courtroom that the state of Washington had met its legal burden to show Trump’s travel-ban order was causing “significant and ongoing harms” to state residents — justifying the extraordinary remedy of a restraining order.

“The court concludes that the circumstances that brought it here today are such that we must intervene to fulfill the judiciary’s constitutional role in our tri-part government,” he said, granting the immediate, nationwide order.

Within hours, federal customs officials were informing airlines they should board passengers as they would have before Trump’s executive order was signed.

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(c)2017 The Seattle Times

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Distributed by Tribune Content Agency, LLC.

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Trump’s ‘so-called judge’ is a Bush appointed political activist highly regarded in liberal Seattle, 1.0 out of 10 based on 4 ratings

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40 Comments

  1. inluminatuo February 6, 2017 at 8:10 am

    The President and Executive office is a CO-EQUAL branch to the Supreme Court and not subservient to the courts,,,,,and should be able to bypass the Politically controlled lower courts and go directly to the top for their co-equal opinion, particularly in times of war and crisis, which we are in. Trump needs to tell the courts that when the two CO-Equal Branches of Government,,I.E. the Congress and the Executive branch out vote them, they need to stand down and defer to THE PEOPLE and the laws as written ON THE BOOKS.. Only when THE PEOPLE and their representatives CHANGE the law can the laws be interpreted by the courts as valid. Likewise, when the Legislature and the Courts agree against the President, then he too should stand down, which is NOT the case now. First change the laws, and forget this lower court judicial nullification **** that only divides the nation. Constitutional checks and balances were designed to slow down the destructive changes and mayhem, and protect the nation. Riots in the streets were NEVER to be part of the governing equation. PEACEFUL demonstration yes, but when they get violent, it is the Executives job, NOT THE COURTS, AS DEFINED BY THE CONSTITUTION to send in the troops and LAW enforcers and restore order.

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  2. inluminatuo February 6, 2017 at 8:14 am

    War against America has been declared by the Jihadists,,,and apparently the Democrat Party as well which is no longer our father’s American Democrat party, now morphed into the Socialist American anarchist party where anarchy on the streets is replaced by comity in government and rule of law. Those ILLEGALs who cannot be trusted to enter the country LEGALLY, cannot be trusted to follow or honor Constitutional law once here, which they now resort to violence and threats, disguised as peaceful resistance. No they are no peaceful protesting Martin Luther King’s, who by the way was a LEGAL American. This time it is the protesters doing the burning, macing and breaking heads. If it is not the executive’s job to restore order then whose is it? The judges who side with the anarchists? What sane person, body politic, or nation protects the germs and attacks their own anti-bodies??? One that has a death wish soon to become fulfilled.

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  3. jimwg February 6, 2017 at 9:26 am

    Trump should’ve wiped the stables clean of all Obama and Bush appointees on week one, even if it left temporary vacancies. You can’t let these malicious moles stay in place to sow landmines and undermine your agenda, Mr. Pres. Like the media they are not nor ever will be your friends, no matter how much wheeler-dealer charm you spin. Purge the vipers from your nest NOW!

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    • Klaus February 6, 2017 at 9:36 am

      I agree, except I believe that a federal judge has to be removed by impeachment.

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    • DrGadget February 6, 2017 at 5:00 pm

      We also have some Clinton appointees floating around out there. Drain the swamp.

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  4. tws500 February 6, 2017 at 9:49 am

    The plaintiffs cherry picked this judge in the 9th Circus so that they would get the liberal decision that they wanted.

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    • snattlerake February 6, 2017 at 10:30 am

      The 9th Circuit court needs to be disbanded, and that the President can do. They refused to hear the appeal on this.

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    • ltuser
      ltuser February 6, 2017 at 5:27 pm

      The 9th circus court certainly needs to be disbanded. ANY court that has that has 90%+ of their decisions overturned is NOT ENFORCING THE LAW like they swore an oath to do.

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  5. junglecogs February 6, 2017 at 9:50 am

    What’s the big deal with the point he was Bush appointed? Lot’s of judges didn’t turn-out as expected, including some on the Supreme Court.

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    • Snowy February 6, 2017 at 11:17 am

      Would you want to know if Obama appointed him? Of course, you would.

      This is not the only judge that doesn’t follow the Constitution that George Bush appointed. You can thank him for appointing Roberts, the man who saved Obamacare, to the Supreme Court.

      George Bush was a Republican but not always a conservative.

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    • DrGadget February 6, 2017 at 5:07 pm

      This is simple. look at their records. If they have a history of following the law meticulously, then keep them. If they have a history of inserting their preferences under the guise of judicial activism, get rid of them. This isn’t even a matter of whether they lean right or left. Judges aren’t supposed to create laws or rules by fiat. They should ONLY deal with laws as written, not how they think they should be, and not how they might be interpreted if you twist the language.

      We should only ever have strict constitutionalists serving in the judiciary. If the law is worthless, but it was legally created, they should still apply the law as is. They could maybe send a recommendation to the legislature as to why it’s worthless, but enforce the law as-is. Even if they don’t personally like it.

      I don’t care about a judge’s personal feelings. I don’t care if they like the law. Here’s the law – deal with it.

      I don’t remember this guy asking for a temporary suspension on Obama letting all these refugees into the country. But now suddenly he wants a suspension on Trump stopping Obama’s actions? Get rid of him.

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  6. attila320 February 6, 2017 at 10:18 am

    Maybe this incompetent bozo wants whites to kill each other with the same monotonous regularity of blacks. How can something be disparate when the offenders are disproportionately murdering their brethren. Does this poor excuse for a judge want whites to start killing at the same rates as blacks..what a moron.

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  7. FrankC February 6, 2017 at 10:40 am

    The liberals have painted giant bulls eyes on all of our law enforcement people, there are some cities where they should just walk away for a few days and let them see what anarchy really looks like. This so-called judge is one of the painters.

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    • ltuser
      ltuser February 6, 2017 at 5:30 pm

      Maybe if retention and recruitment drop so far that they can’t even field a full patrol squad they will realize SOMETHING the hell is wrong with how cops are treated…

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  8. PatriotForever February 6, 2017 at 10:41 am

    I have stated for YEARS, not year or few months, The Buses, the Clinton’s and the Obama’s have little if no line of demarcation between them. GLOBAL Governance is the tune of these 4 past Presidents. Look at the fact the media says: Oh that was a Bush appointee and they happen to be PROGRESSIVE LIBERALS?
    Each had their own hand in bringing America to her knees and bringing with it Reprobate thinking and Anti Nationalism Sovereignty

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  9. Gary M February 6, 2017 at 10:53 am

    And why do you think he is “highly regarded in liberal Seattle”? Who appointed him has little to do with their subsequent decisions, which is as it should be, but his record of decisions is highly tilted to the left. Pres. Trump needs to avoid personal attacks, for it only lessens his stance on the facts. SCOTUS will ultimately have to decide which is more important: the safety of our citizenry or open borders. At issue here is our country’s sovereignty and ability to have real and enforceable borders.

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  10. joberl
    joberl February 6, 2017 at 11:10 am

    Trump is our president and as such deserves the respect and consideration that office is entitled to. If he doesn’t however, keep his finger off the Twitter Button he’s going to tweet himself into oblivion.

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  11. surlycurmudgen February 6, 2017 at 11:30 am

    With all those laudatory platitudes he still fails to comprehend the law. More likely he willfully ignored the law.
    There are many judges who do not belong on a judicial bench. this Robart appears to be one of them. The very first case a judge goes activist on should result in immediate removal from the bench.

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  12. chuckyb February 6, 2017 at 11:44 am

    Daddy Bush was a “One Worlder” RINO and Junior Bush was only half a step ahead of that. Junior Bush thankfully was not quite as aggressive a “one worlder” as his daddy but for the most part he was a RINO. Both of them appointed closet liberals as judges and we are paying the price now.

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    • jimpolichak February 6, 2017 at 1:58 pm

      How can you call people who served the Republican Party for generations RINOs? Or does RINO actually mean “Someone I disagree with”?

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    • Snowy February 6, 2017 at 2:54 pm

      R.I.N.O. means Republican in Name Only. It should be C.I.N.O.. Conservative in Name Only.

      And you Jim, you’re a liberal T.R.O.L.L. See if you can figure that one out by yourself.

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    • Jota_ February 6, 2017 at 3:26 pm

      “How can you call people who served the Republican Party for generations RINOs?”

      https://prod-static-ngop-pbl.s3.amazonaws.com/media/documents/DRAFT_12_FINAL%5b1%5d-ben_1468872234.pdf

      We believe in American exceptionalism.
      We believe the United States of America is unlike any other nation on earth.
      We believe America is exceptional because of our historic role — first as refuge, then as defender, and now as exemplar of liberty for the world to see.
      We affirm — as did the Declaration of Independence: that all are created equal, endowed by their Creator with inalienable rights of life, liberty, and the pursuit of happiness.
      We believe in the Constitution as our founding document.

      ***

      But have a REPUBLICAN PRESIDENT issue an Executive Order to PROTECT the AMERICAN PEOPLE and YOU think it is wrong, and are shocked to be called, exactly what you are RINO

      Does not matter what you did for generations, you are not one NOW

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    • ltuser
      ltuser February 6, 2017 at 5:34 pm

      Jim, these RINO’s have only been serving themselves. NOT us the people!

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  13. columba February 6, 2017 at 12:29 pm

    [“Jim Robart is not a liberal. He is a classic Washington Republican,” Smith said, putting the judge in the moderate tradition of former U.S. Sen. Slade Gorton.]

    Good thing I didn’t have a mouthful of coffee when I read this, or I’d have to get a new keyboard. But then again, (a) when you’re sitting on the far-far-left, even the far-left looks conservative; and (b) considering all the RINOs in Congress, maybe Smith is right in saying that a “classic Washington Republican” is indistinguishable from a leftist.

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  14. Jota_ February 6, 2017 at 1:02 pm

    “he cited a statistic showing black people are shot dead by police at a vastly disproportionate rate”

    Compared to what? Other criminals? No! It was other races as if pointing out skin color does not make him a racist. It shows the skin color is all he sees

    “demanding to know whether citizens of those countries had carried out any terrorist attacks in the U.S. since 9/11. The lawyers did not provide examples.”

    Completely irrelevant, there has not been a terrorist attack on thousands of small islands in the Pacific either, does not mean there are not extensive terrorist operations in those seven countries, and we need to make sure to continue to not let terrorist in by focusing on where they are likely to come from. MUSLIM COUNTRIES. If the judge was NOT turning a blind eye so he could then claim to see no evil

    “It’s probably important to note this is a guy who was Republican before he was appointed to the bench …. ”

    Yea right, When Washington passed queer marriage, the main ad on all the networks was a REPUBLICAN from Walla Walla, claiming it was not the governments business who marriage whom, and was the argument the majority bought. I ask, then, why was it so important the state force me to see who is married to whom? No answer

    It does not matter what label they wear they are still statist, forcing us all to bend the knee before them.

    This judge is a liberal through and through!

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  15. Greg S Saunders February 6, 2017 at 1:15 pm

    “….A classic Washington Republican”. Basically, a RINO.

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  16. jimpolichak February 6, 2017 at 1:51 pm

    Robart’s ruling stunned almost no one who understands the law and the Constitution and will eventually be upheld by the Supreme Court.
    I’d say that there’s at least a 50/50 chance that Gorsuch will vote to uphold the ruling. Then everyone can call him a RINO because they disagree.

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    • surlycurmudgen February 6, 2017 at 2:06 pm

      Robart’s ruling is very obviously contrary to the law and the Precedent on that law. I am sure that Robart knows this and his actions re the ban are political in nature and grounds for removal from the bench.

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    • Jota_ February 6, 2017 at 2:43 pm

      “Robart’s ruling stunned almost no one who understands the law and the Constitution and will eventually be upheld by the Supreme Court.”

      And you know all of this from not having read either, and understand nothing

      You do not know the law. You do not understand the Constitution.

      You have not read the Executive Order nor have you read Robart’s opinion, but you claim to have a keen insight into a future which has not happened and cannot happen, for one simple reason, there is NOTHING in the order for judicial review

      Unless you are claiming the President lacks the authority and the scope of the office is not specifically to defend and protect ALL the American people, not just those with a financial interest Robart said were more important than everyone else.

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    • Jota_ February 6, 2017 at 2:59 pm

      “his actions re the ban are political in nature and grounds for removal from the bench.”

      Would not say “political in nature” but his order is from hanging out with morally corrupt liberals, who hate American, with a passion, and who think we should take a back seat to everyone else, for any reason imaginable, and should suffer any and all harm as just retribution for us even existing.

      And they have arrived at this self righteous indignation because they lie to themselves and each other about what are the facts of the matter because they willfully blind themselves by denying the truth even exists, so believe one lie is as good as another.

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  17. bilinmobile February 6, 2017 at 3:32 pm

    Scapegoating Muslims will not make us safer. This judge is right, you can not ban people based on their religion. We owe it to our allies to take in our fair share of refugees fleeing from the terrorists were fighting.

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    • Tialin February 6, 2017 at 4:40 pm

      Well, as our “fair share” of refugees is ZERO, I have no problem with that. We OWE any nation not our expressed and documented ally exactly NOTHING. Yet we give disaster aid and humanitarian aid and all forms of rescue all over the world, for which gratitude is sadly exactly…zero.

      We have no obligation to take in any nations refugees. They should be given help and succor by their wealthy Muslim neighbors. Who forbid them entry because many if not most are jihadis and dangerous troublemakers. Don’t you think they know their neighbors well? Why on Earth would we want a neighbor considered to be unsatisfactory by his fellow Muslim neighbors living next door to our family?

      Look at any photo of a crowd of these so-called refugees (that is not cherry-picked or outright stage managed by the left) and you’ll see mostly healthy looking young Muslim men, not widows and children. Exactly like the rapefugees and jihadis who have flooded into Sweden, Germany and most European nations. Not refugees. Jihadis.

      The motto of the snake and the tender and caring woman is: don’t succor the snake and don’t take it to your bosom. You WILL be bitten – because a snake is always a snake – and a Muslim is commanded by the Koran to either be a jihadi themselves or to aid the jihadis in their STATED goal of destroying and conquering Western civilization!

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    • Jota_ February 6, 2017 at 4:54 pm

      “This judge is right, you can not ban people based on their religion”

      I defy you to find where the word “RELIGION” is even mentioned by Robart in his order.

      And here is what Trump said in his

      “is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual’s country of nationality.”

      “the United States should not admit those who engage in acts of bigotry or hatred (including “honor” killings, other forms of violence against women, or the persecution of those who practice religions different from their own) or those who would oppress Americans of any race, gender, or sexual orientation.”

      So YOU think we should let them in to clean up the homosexual population?

      Liberals lying to liberals does not add up to the truth, it is still just a lie

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    • ltuser
      ltuser February 6, 2017 at 5:38 pm

      Are you smoking coke or something? Our fair share?? And what of Oman, Jordan, Saudi, UAE etc? WHY are they not taking in THEIR fair share? OR is that something only us western nations need to do??

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    • surlycurmudgen February 6, 2017 at 10:46 pm

      The ban was not based on religion. The ban was based on the government of those nations being in such turmoil that it was not possible to ascertain just what the hell anyone was, an honest immigrant or a terrorist wanting a larger selection of targets.
      Now is that still too arcane for you to understand?

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    • ltuser
      ltuser February 7, 2017 at 12:58 am

      Since it’s based on common sense, it most likely IS beyond liberals to understand..

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  18. kenxq5471 February 6, 2017 at 6:18 pm

    I don’t think Bush had the market cornered on judges. Remember our SCOTUS Chief Justice? If he is popular in Washington state that means he leans left.

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  19. PatriotUSA February 7, 2017 at 3:53 am

    Thank you Jorge Boooooosh. Not only did you leave our borders wide open for eight years, but you also left us a radical progressive judge to contend with.

    Bushes, Clintons and Obamas are all one in the same.

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  20. bilinmobile February 7, 2017 at 4:57 pm

    Germany, Sweden, Turkey, and Greece.

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  21. jmac67 February 8, 2017 at 12:16 am

    Whatever he was this man is now an activist judge. Whatever goody two shoes stuff he does will not makeup for the guilt that he and the libs who side with will be guilty of if even one American dies because one terrorist sneaks into the country because these fools defy common sense regarding these immigration regulations. He may win the early battle but he will lose he war. He must lose if America is to remain free from the horrors afflicting Europe.

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