THE OFFICE OF KEVIN TRACY
Kevin Tracy

PRESS CONFERENCE TRANSCRIPT
2022-09-10

Russiagate Lawsuit Against Hillary Clinton Thrown Out By Clinton-Appointed Judge

Several months ago, Donald Trump filed a lawsuit against Hillary Clinton and her minions over their role in Russiagate. The judge has thrown out the case, but not before leaving a scathing and borderline unprofessional critique of Donald Trump's lawsuit. However, Judge Donald Middlebrooks was appointed by Hillary Clinton's husband, former-President Bill Clinton.

Judge Middlebrooks was asked to recuse himself from the case, but he refused. Apparently, Judge Middlebrooks thinks that being appointed by the defendant's husband was not reason enough for a reasonable person to think he couldn't be unbiased in the case.

Donald Trump shares half the blame for this, however.

One thing progressive Democrats are really good at is judge shopping. They know where to file their lawsuits to give them the best chance of finding a progressive judge who has sided with them in the past. If you think about it, when was the last time a Planned Parenthood lawsuit against a state was thrown out or lost in the first level? They hope that they can win in the lower courts and sneak below the attention of the US Supreme Court.

Donald Trump and his legal team should have known there was a decent chance of getting Judge Middlebrooks in this case before they even filed it in the southern district court of Florida. However, as bad as it was that they got a Clinton-appointed judge, it likely wouldn't have made any difference.

As everyone will remember, Donald Trump practices scorched earth politics. Of course Hillary Clinton hates his guts and a Clinton-appointed judge isn't going to give him a fair trial. For that matter, an Obama-appointed judge isn't likely to give him a fair trial, either. That's 16 years of judicial appointments that you can't expect a fair politically-charged trial from just by nature of your political party. Yet, Clinton and Obama aren't the only ones Donald Trump really pissed off. If you go back to the 2015/2016 Republican primary, you'll recall that Donald Trump feuded extremely hard with former Florida Governor Jeb Bush and was extremely critical of the job done by former President George W. Bush. In addition to upsetting George W. Bush and his judicial nominees, it's also going to raise the ire of George H.W. Bush's judicial nominees. In other words, Donald Trump's feud with the Bush family has jeopardized his ability to get a fair politically-charged trial from another 12 years of Republican judicial appointments.

Every judicial appointment for 30 of the last 34 years (because Biden's appointments aren't going to do Trump any favors either) was made by a President who hates or hated Donald Trump's guts. It didn't have to be that way, but if you live by scorched earth politics, you die by scorched earth politics.

If there's a silver lining in Judge Middlebrooks' cavalier handling of the Russiagate case, it's that he established a precedent that being appointed by a certain President does not require you to recuse yourself in a trial pertaining to that person. In other words, if Trump decides to file other charges elsewhere after judge-shopping, a Trump-appointed judge won't have to recuse himself because he was appointed by the plaintiff.

I am very much curious about how a Reagan appointment to the bench would feel about Trump. By the nature of Reagan having died more than a decade before Trump ran for office and his not being involved in politics for more than a decade before that due to Alzheimer's disease, he escaped largely unscathed by Trump. However, at least in my opinion, Trump tried very hard to bury Reagan's legacy and accomplishments in order to glorify his own. Compared to his treatment of the Bush family dynasty, it was a series of very minor slights against Reagan that are barely worth mentioning. Even if Reagan appointed judges would give Reagan a fair shot, there are only 13 appointments of his original 332 still working actively as federal judges.

In short, Donald Trump's refusal to make peace with the Bush family after securing the Republican nomination for President ensured he would find it extremely hard to get a fair trial out of almost any federal judge in the future. Ideally, there would be some ideologue H.W. or W. appointments that would rather stick it to Clinton (in the Russiagate case, at least) than to Donald Trump, but finding those judges and a reason to file a case in their district adds an extra layer of complexity onto an already complex legal situation.

The last person Donald Trump screws will be himself.