When Trump’s tweets undermine our judicial system

Just a month into his presidency, it has become painfully clear that anyone who criticizes President Trump — or is perceived by him to be an obstacle — becomes an object of his public ridicule.

No one can say we weren’t warned.

His Twitter rage and subsequent statements against federal Judge Gonzalo Curiel, who presided over the Trump University case, became a flashpoint in the presidential campaign.

I have a judge in the Trump University civil case, Gonzalo Curiel (San Diego), who is very unfair. An Obama pick. Totally biased-hates Trump

— Donald J. Trump (@realDonaldTrump) May 30, 2016

Liberals saw it as a racially charged attack on a federal judge, while some on the right characterized it as merely legal strategy and excused Trump’s arguing that Curiel’s ethnicity was an inherent conflict of interest.

But we cannot let our judiciary be undermined by the highest office holder in the land, the chief executive of a co-equal branch of government. In America, even presidents are answerable to the courts and the law of the land.

We’ve seen examples where individuals have gotten into trouble for tweeting from the courtroom. In Arkansas, a circuit judge held a reporter in contempt for tweeting the verdict. Jurors in many other states have tweeted about cases, which has even led to motions for a new trial.

Is the president an exception? He may have the honor of being known as the “leader of the free world,” but is he immune to being treated as a litigant while occupying the White House, even when his name is on the style of the case?

{mosads}There is no question that the president can be civilly sued and deposed, as President Clinton was. The Supreme Court has found presidents may be protected from liability regarding official actions while in office so they can “perform their designated functions effectively without fear.” However, the court has not extended such protection to unofficial conduct.

Trump has almost 25 million people following his personal account, @realDonaldTrump. Those tweets, widely repeated in the news and social media, are often openly hostile and contemptuous of the judiciary. They are undoubtedly unofficial conduct.

Our legal system is broken! “77% of refugees allowed into U.S. since travel reprieve hail from seven suspect countries.” (WT) SO DANGEROUS!

— Donald J. Trump (@realDonaldTrump) February 11, 2017

He has tweeted that “the legal system is broken” and derided a federal district judge who blocked his travel ban as a “so-called judge.”

The opinion of this so-called judge, which essentially takes law-enforcement away from our country, is ridiculous and will be overturned!

— Donald J. Trump (@realDonaldTrump) February 4, 2017

Speaking to sheriffs and police chiefs about the travel ban — then under review by the Ninth Circuit Court of Appeals (which eventually upheld the ruling), Trump said “a bad high-school student would understand” the ban, bemoaning why it was taking the Ninth Circuit so long to rule.

Trump: “A bad high school student would understand” the language of the travel ban https://t.co/w5KXQHuXA8

— Daniella Diaz (@DaniellaMicaela) February 8, 2017

These tweets and statements are, in effect, acts of subversion and public derision that chip away at the authority and respect of the courts.

The president, who is a named party in the Washington state case that temporarily blocked his immigration order, has a responsibility to comport himself in a manner expected of a litigant. He and his attorneys can be held responsible for any actions that undermine the interest of justice.

If an ordinary citizen or officer of the court behaved in this manner, he or she would certainly be taken to task, and rightfully so.

Consider the monumental public policy disaster that results when the president mocks the coequal judicial branch. Consider what it does to our country’s integrity and reputation worldwide. Our political leaders must demand that when Trump behaves in this manner, the courts hold him responsible for his words.

This must be done to preserve the integrity of our justice system, which will long outlast the Trump presidency.

Shayan Elahi is a civil rights attorney based in Dallas. He has appeared on Fox News, CNN, the BBC and NPR as a legal analyst. Follow him on Twitter @attorneyShayan.

The views of contributors are their own and not the views of The Hill.