Former President Trump’s legal team just made a big move to keep justice blind and fair in his legal case against Hillary Clinton and others for their role in promulgating and pushing the Russiagate nonsense that was an albatross around his neck for the first few years of his presidency.
You see, Trump is alleging that “Acting in concert, the Defendants maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty.“ He’s seeking financial damages, particularly recovery for the legal bills their lies and perfidy cost him.
But, to recover, he needs for his case to get a fair hearing; if the judge is biased in favor of Clinton, that might make getting such a hearing all the harder.
What might make a judge biased in favor of Clinton? Perhaps an appointment by President Clinton? That’s what Trump argued at his recent rally, saying:
“We filed this great case, we’ve got a judge that was appointed by Bill and Hillary Clinton. How do you think that’s going to go? This s**t can only happen to me.”
Well, that’s the impetus for his most recent move in the suit, as the Washington Examiner reports, noting that:
Former President Donald Trump wants to remove the federal judge assigned to his lawsuit against Hillary Clinton, the Democratic National Committee, and others tied to the so-called “Russiagate” controversy.
Trump’s legal team filed a motion to disqualify U.S. District Court Judge Donald Middlebrooks, who is based in West Palm Beach, Florida, citing how the judge was nominated by former President Bill Clinton in 1997, when his spouse was the first lady.
The filing stresses that “there exists a reasonable basis that Judge Middlebrooks’ impartiality will be questioned” and notes the lawsuit is levied, in part, against Hillary Clinton, who ran an unsuccessful presidential campaign against Trump in 2016.
As the basis for the motion to disqualify the judge, Trump’s legal team has cited Section 455 of the U.S. Code. That portion of the code states that, “Any justice, judge, or magistrate judge of the United States shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned.”
However, the Washington Examiner notes that Trump’s legal team might have left something out of their motion, something that could have helped them prove their case that the judge is biased in favor of Clinton. As that outlet reported:
Trump’s filing does not make any mention of Middlebrooks’s decision in 2016 to toss a civil racketeering lawsuit against Clinton which alleged that the former secretary of state used her private email account and changed U.S. foreign policy to seek speaking fees and donations to the Clinton Foundation.
Why Trump’s lawyers didn’t include that decision is unclear, as it seems to be valuable evidence of that allegation that they’re attempting to prove. Still, even without it, perhaps, they’ll be able to win on their motion and get a facially unbiased judge to handle the case,