法官驳回特朗普政府要求其回避珀金斯·科伊案的要求
Judge Declines Trump Admin Request That She Recuse Herself From Perkins Coie Case

原始链接: https://www.zerohedge.com/political/judge-declines-trump-admin-request-she-recuse-herself-perkins-coie-case

法官贝里尔·豪厄尔驳回了特朗普政府要求她回避一项针对行政命令的诉讼的请求。该行政命令针对佩金斯·科伊律师事务所(与民主党有关),禁止其与联邦承包商合作并暂停安全许可。特朗普政府辩称,豪厄尔过去公开批评特朗普,并参与了与他相关的案件(包括杰克·史密斯的调查),这表明她有偏见。豪厄尔驳回了回避请求,指责司法部采取人身攻击而不是处理法律论点。她维护了自己的公正性和司法系统的廉正。豪厄尔此前曾暂时阻止政府执行大部分命令,认定佩金斯·科伊律师事务所很可能胜诉。关于延长对特朗普命令的禁令的最终决定预计将在未来几周内做出。


原文

Authored by Katabella Roberts via The Epoch Times,

A federal judge has declined a request by the Trump administration that she remove herself from overseeing a lawsuit challenging an executive action targeting Perkins Coie LLP, accusing the Justice Department of attacking her character in an effort to undermine the integrity of the judicial system.

U.S. District Judge Beryl Howell wrote in a March 26 ruling that a Trump administration filing seeking her recusal was “rife with innuendo” and that none of the claims it put forward “come close to meeting the standard for disqualification.”

“Though this adage is commonplace, and the tactic overused, it is called to mind by defendants’ pending motion to disqualify this Court: ‘When you can’t attack the message, attack the messenger,’” U.S. District Judge Beryl Howell wrote in a March 26 ruling.

President Donald Trump’s action issued on March 6 prevents law firm Perkins Coie from doing business with federal contractors and blocks its lawyers from accessing government officials.

Additionally, it suspends any active security clearances held by individuals at the firm, pending a review of whether such clearances are consistent with the national interest.

Perkins Coie was hired by Hillary Clinton’s presidential campaign and the Democratic National Committee in 2016.

According to the presidential action issued by Trump, the law firm has engaged in “dishonest and dangerous activity” that has affected the United States “for decades.”

The firm sued the administration over the order in federal court in Washington on March 11, alleging Trump’s actions violated its rights under the U.S. Constitution.

Roughly a week after Trump’s executive action was first issued, Howell temporarily blocked the administration from enforcing much of it, finding the law firm was likely to win its lawsuit.

Last week, the Department of Justice (DOJ) asked for the case to be moved to another judge in Washington’s federal court, citing Howell’s public comments about the president and her connection with key aspects of the case.

“This Court has not kept its disdain for President Trump secret,” Chad Mizelle, acting associate attorney general at the DOJ, wrote in a motion seeking her disqualification. 

“It has voiced its thoughts loudly—both inside and outside the courtroom.”

Speaking inside the court, Mizelle also pointed to now-former special counsel Jack Smith’s prosecution of Trump, during which he said that Howell found “reason to believe that the former President would ‘flee from prosecution.’”

The judge also “pierced attorney-client privilege, ordering President Trump’s attorney to testify before a D.C. grand jury” investigating his alleged retention of classified documents in the South Florida case, he said.

Mizelle added that Howell also previously rejected Trump’s view that the indictments against individuals involved in the Jan. 6, 2021, breach of the U.S. Capitol were a “national injustice” and called his supporters “sore losers.”

In her 21-page ruling, Howell wrote that when the DOJ “engages in this rhetorical strategy of ad hominem attack, the stakes become much larger than only the reputation of the targeted federal judge.”

“This strategy is designed to impugn the integrity of the federal judicial system and blame any loss on the decision-maker rather than fallacies in the substantive legal arguments presented,” she added.

The judge said she welcomed the Trump administration’s opportunity “to set the record straight, because facts matter.”

“Every litigating party deserves a fair and impartial hearing to determine both what the material facts are and how the law best applies to those facts,” she wrote. 

“That fundamental promise, however, does not entitle any party—not even those with the power and prestige of the President of the United States or a federal agency—to demand adherence to their own version of the facts and preferred legal outcome.”

“The clear absence of any legitimate basis for disqualification requires denial” of the DOJ’s request that she recuse herself from the case, the judge said.

Howell is set to decide in the coming weeks whether to extend her block on Trump’s order against Perkins Coie.

The Epoch Times has reached out to Perkins Coie for comment.

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