GETS UNDER WAY ON THIS THANKSGIVING EVE.
THANKSGIVING EVE. >>> WELL, GOOD EVENING ONCE
AGAIN FROM OUR NBC NEWS
HEADQUARTERS HERE IN NEW YORK.
DAY 671 OF THE TRUMP
ADMINISTRATION.
ADMINISTRATION. AND ON THIS THANKSGIVING EVE IN
THE NEW NORMAL OUR PRESIDENT
TODAY GAVE THANKS TO SAUDI
ARABIA AND WAS PUBLICLY REBUKED
BY THE CHIEF JUSTICE OF THE
SUPREME COURT FOR HIS ATTACK ON
THE FEDERAL BENCH.
TODAY CHIEF JUSTICE JOHN ROBERTS
TOOK THE VERY RARE STEP OF
SPEAKING UP PUBLICLY TO DISCOUNT
THE WORDS OF THE PRESIDENT.
THIS GOT ITS START YESTERDAY
AFTER A FEDERAL TRIAL JUDGE IN
SAN FRANCISCO RULED AGAINST THE
PRESIDENT’S IMMIGRATION AND
ASYLUM POLICY.
ASYLUM POLICY. THE PRESIDENT USED THAT MOMENT
TO RETURN TO A FAVORITE
HOBBYHORSE OF HIS, CRITICIZING
THE 9th CIRCUIT COURT OF APPEALS
HEADQUARTERED IN CALIFORNIA.
>> WELL, YOU GO TO THE 9th
CIRCUIT AND IT’S A DISGRACE.
AND I’M GOING TO PUT IN A MAJOR
COMPLAINT.
COMPLAINT. BECAUSE YOU CANNOT WIN IF YOU’RE
US IN A CASE IN THE 9th CIRCUIT.
EVERY CASE THAT GETS FILED IN
THE 9th CIRCUIT WE GET BEATEN
AND THEY WE END UP HAVING TO GO
TO THE SUPREME COURT LIKE THE
TRAVEL BAN, AND WE WON.
THE 9th CIRCUIT, WE’RE GOING TO
HAVE TO LOOK AT THAT.
THIS WAS AN OBAMA JUDGE.
AND I TELL YOU WHAT.
IT’S NOT GOING TO HAPPEN LIKE
THIS ANYMORE.
THIS ANYMORE. >> IT IS TRUE THAT THE FEDERAL
JUDGE IN THIS CASE, JOHN TIGER,
WAS APPOINTED BY PRESIDENT
OBAMA.
OBAMA. IT IS ALSO TRUE THAT HIS RULING
WAS NOT ISSUED FROM THE 9th
CIRCUIT.
CIRCUIT. BUT THAT FROM THE PRESIDENT WAS
ALL THE CHIEF JUSTICE OF THE
SUPREME COURT NEEDED TO HEAR.
WHEN ASKED ABOUT IT BY THE
ASSOCIATED PRESS, JOHN ROBERTS
RESPONDED TODAY WITH THIS.
"WE DO NOT HAVE OBAMA JUDGES OR
TRUMP JUDGES, BUSH JUDGES OR
CLINTON JUDGES.
CLINTON JUDGES. WHAT WE HAVE IS AN EXTRAORDINARY
GROUP OF DEDICATED JUDGES DOING
THEIR LEVEL BEST TO DO EQUAL
RIGHT TO THOSE APPEARING BEFORE
THEM.
THEM. THAT INDEPENDENT JUDICIARY IS
SOMETHING WE SHOULD ALL BE
THANKFUL FOR."
THANKFUL FOR." A FEW HOURS LATER TRUMP FIRED
BACK, AND WE QUOTE, "SORRY,
CHIEF JUSTICE ROBERTS, BUT YOU
DO INDEED HAVE OBAMA JUDGES, AND
THEY HAVE A MUCH DIFFERENT POINT
OF VIEW THAN THE PEOPLE WHO ARE
CHARGED WITH THE SAFETY OF OUR
COUNTRY.
COUNTRY. IT WOULD BE GREAT IF THE 9th
CIRCUIT WAS INDEED AN
INDEPENDENT JUDICIARY, BUT IF IT
IS WHY ARE SO MANY OPPOSING VIEW
ON BORDER AND SAFETY CASES FILED
THERE AND WHY ARE A VAST NUMBER
OF THOSE CASES OVERTURNED.
PLEASE STUDY THE NUMBERS, THEY
ARE SHOCKING.
ARE SHOCKING. WE NEED PROTECTION AND SECURITY.
THESE RULINGS ARE MAKING OUR
COUNTRY UNSAFE, VERY DANGEROUS
AND UNWISE."
AND UNWISE." THE PRESIDENT CONTINUED TO
BERATE ROBERTS ON TWITTER
ADDING, "JUDICIAL ACTIVISM BY
PEOPLE WHO KNOW NOTHING ABOUT
SECURITY AND THE SAFETY OF OUR
CITIZENS IS PUTTING OUR COUNTRY
IN GREAT DANGER."
FOLLOWED BY "79% OF THESE
DECISIONS HAVE BEEN OVERTURNED
IN THE 9th CIRCUIT."
THE U.S. COURTS FOR THE 9th
CIRCUIT COVERS THE FAR WESTERN
PART OF OUR NATION.
THEY ARE NOT THE CIRCUIT WITH
THE MOST OVERTURNED DECISIONS.
SEVERAL OTHERS MAKE THE LIST
BEFORE THEM.
BEFORE THEM. THIS IS NOT THE PRESIDENT’S
FIRST CRITICISM OF FEDERAL
JUDGES OR THE SITTING CHIEF
JUSTICE OF THE UNITED STATES.
>> THE COURTS ARE NOT HELPING
US.
US. I HAVE TO BE HONEST WITH YOU.
IT’S RIDICULOUS.
IT’S RIDICULOUS. SOMEBODY SAID I SHOULD NOT
CRITICIZE JUDGES.
CRITICIZE JUDGES. OKAY.
OKAY. I’LL CRITICIZE JUJDS.
>> I’VE HAD HORRIBLE RULINGS.
I’VE BEEN TREATED VERY UNFAIRLY
BY THIS JUDGE.
NOW, THIS JUDGE IS OF MEXICAN
HERITAGE.
HERITAGE. I’M BUILDING A WALL.
>> JUSTICE ROBERTS GAVOUS
BAMACARE.
BAMACARE. MIGHT AS WELL BE CALLED ROBERTS
CARE.
CARE. THAT JUDGE HAS BEEN A DISASTER
IN TERMS OF EVERYTHING WE STAND
FOR.
FOR. >> THIS BACK AND FORTH BETWEEN
THE TITULAR HEADS OF TWO OF OUR
BRANCHES OF GOVERNMENT COMES AS
THE MUELLER INVESTIGATION INTO
THIS ADMINISTRATION IS ENTERING
AS WE LIKE TO SAY A CRITICAL
PHASE.
PHASE. MORE INDICTMENTS ARE EXPECTED
AND THERE IS THE POSSIBILITY
THAT MUELLER COULD SUBPOENA
TRUMP TO ANSWER QUESTIONS
RELATED TO OBSTRUCTION.
THAT COULD SPARK A GIANT LEGAL
BATTLE.
BATTLE. THAT COULD VERY WELL END UP, SEE
HOW THIS WORKS, BEFORE JOHN
ROBERTS AND THE OTHER EIGHT
JUSTICES OF THE SUPREME COURT.
THE NATION ALSO WOKE UP TO
HEADLINES LIKE THESE AFTER THE
PRESIDENT YESTERDAY DEFENDED
SAUDI ARABIA IN THE MURDER AND
DISMEMBERMENT OF "WASHINGTON
POST" JOURNALIST AND U.S.
RESIDENT JAMAL KHASHOGGI.
THIS MORNING THE PRESIDENT
FOLLOWED WITH THIS.
"OIL PRICES GETTING LOWER.
GREAT.
GREAT. LIKE A BIG TAX CUT FOR AMERICA
AND THE WORLD.
ENJOY.
ENJOY. $54.
$54. WAS JUST $82.
THANK YOU TO SAUDI ARABIA, BUT
LET’S GO LOWER."
>> WELL, LET’S GO LOWER
OURSELVES.
OURSELVES. AND WITH THAT BACK TO OUR LEAD
STORY.
STORY. WE START OFF TONIGHT WITH THE
PRESIDENT’S CRITICISM OF FEDERAL
JUDGES AND THIS RARE REBUKE BY
THE CHIEF JUSTICE.
WE ARE SO FORTUNATE TO BE JOINED
TONIGHT BY A LAWYER WHO HAS
ARGUED 37 CASES BEFORE THE
ROBERTS COURT.
ROBERTS COURT. ATTORNEY NEAL KATYAL WAS
FORMERLY THE GOVERNMENT’S TOP
LAWYER BEFORE THE COURT AS
ACTING SOLICITOR GENERAL UNDER
THE OBAMA PRESIDENCY.
HE IS NOW A PROFESSOR OF LAW AT
GEORGETOWN UNIVERSITY.
GEORGETOWN UNIVERSITY. HE’S BEEN KIND ENOUGH ON
THANKSGIVING EVE TO JOIN US BY
TELEPHONE
TELEPHONE TELEPHONE.
TELEPHONE. AND COUNSELOR, WHAT DO YOU FEAR
IS GOING ON HERE?
>> WELL, HAPPY THANKSGIVING,
BRIAN.
BRIAN. IT’S A PLEASURE TO BE WITH YOU
AGAIN.
AGAIN. AND WHAT I FEAR IS GOING ON
UNFORTUNATELY IS THIS IS NOT
ACTUALLY ABOUT THE NINTH
CIRCUIT.
CIRCUIT. LOOK, PRESIDENT TRUMP HAS
CRITICIZED JOHN ROBERTS AND
CRITICIZED OTHER JUDGES ALL THE
TIME.
TIME. AND YOUR SETUP HAD SOME OF THAT.
BUT YOU KNOW, HE TWEETED -- I
JUST RETWEETED THIS ON TWITTER
ON MY TWITTER ACCOUNT.
BUT HE SAID, "CONGRATULATIONS TO
JOHN ROBERTS FOR MAKING
AMERICANS HATE THE SUPREME COURT
BECAUSE OF HIS BS."
SO YOU KNOW, TRUMP HAS A LONG
HISTORY OF THAT.
WE DON’T HAVE A HISTORY OF A
PRESIDENT ATTACKING THE
MOTIVATIONS OF JUDGES.
THAT’S SOMETHING NEW AND
DIFFERENT.
DIFFERENT. AND I THINK WHAT’S GOING ON HERE
IS IT’S NOT ABOUT THE NINTH
CIRCUIT, IT’S REALLY ABOUT THIS
PRESIDENT’S MODUS OPERANDI,
WHICH IS TO CRITICIZE ANY CHECK
AND BALANCE ON HIM.
WE’VE SEEN IT WITH THE MEDIA
REPEATEDLY.
REPEATEDLY. YOU KNOW, THE ACOSTA CASE BUT
ALSO ALL SORTS OF THINGS.
WE’VE SEEN IT WITH THE JUSTICE
DEPARTMENT AND FBI WHERE HE’S
ACTUALLY FIRED THE HEADS OF
THOSE BECAUSE THEY WEREN’T
SUFFICIENTLY DOING HIS BIDDING.
AND THE LIKE.
AND THIS IS JUST OF A PIECE WITH
THAT.
THAT. >> WHILE I CAN’T BELIEVE WE’RE
TALKING THIS WAY, HERE WE ARE IN
2018, YOUR ARGUMENT HAS BEEN
TAKEN ALREADY TODAY TO ITS
LOGICAL CONCLUSION, THAT IN THE
HYPOTHETICAL, A CASE CALLED U.S.
V. TRUMP COMES BEFORE THE
SUPREME COURT, YOUR POINT IS I
PRESUME THAT THE PRESIDENT WILL
HAVE SOILED THE NOTION OF
SUPREME COURT JUSTICES, THE
FEDERAL BENCH AS ALL AGENTS OF
POLITICS?
POLITICS? >> EXACTLY.
>> EXACTLY. SO YOU KNOW, LOOK, ANYONE WHO
PRACTICES BEFORE THE COURT KNOWS
THESE JUSTICES ARE GOING TO MAKE
THE DECISIONS THEY MAKE BASED ON
THE LAW BUT THEY’RE NOT GOING TO
DO IT BASED ON THEIR ANTIPATHY
TOWARD A PARTICULAR PERSON.
SO NO MATTER HOW MUCH DONALD
TRUMP SAYS ALL THIS STUFF I
DON’T THINK IT’S GOING TO MATTER
TO THE ULTIMATE DECISION.
BUT THE PRESIDENT HAS TAKEN SO
MANY RIDICULOUS LEGAL POSITIONS,
IT’S A FAIR BET THAT THIS
SUPREME COURT IS GOING TO SAY NO
TO HIM ON SOME THINGS.
AND WHAT I THINK PRESIDENT TRUMP
IS DOING RIGHT NOWS LAYING THE
GROUNDWORK FOR AN ATTACK ON THE
INSTITUTION OF THE SUPREME COURT
AN ATTACK ON THE INSTITUTION OF
AN INDEPENDENT JUDICIARY.
SO WHEN HE LOSES HE’LL BE ABLE
TO SAY OH, IT’S JUST THOSE
BIASED JUDGES, THEY WERE UPSET
WITH WHAT I SAID, WHAT I
TWEELTED, THEY WERE UPSET
POLITICALLY, WHO KNOWS.
BUT THAT’S THE DANGER WHEN YOU
HAVE SOMETHING LIKE THIS.
AND THAT’S WHY PRESIDENTS HAVE
REALLY NOT CROSSED THIS RED LINE
BEFORE.
BEFORE. >> IN OUR CLOSING SECONDS WITH
YOU I DON’T WANT TO TAKE YOU
INTO DANGEROUS TERRITORY, BUT
LET’S TALK ABOUT HIS TWO
APPOINTMENTS TO THE COURT,
GORSUCH AND KAVANAUGH.
YOU KNOW HE CONSIDERS THEM,
QUOTE, HIS GUYS.
AND YET IS IT YOUR VIEW THAT IF
IT COMES TO IT, IF THEY SIT FOR
A CASE INVOLVING THE GUY WHO
JUST SENT THEM ON THE SUPREME
COURT THEY WILL SIDE WITH REASON
AND PERHAPS THE MAJORITY THE
CHIEF WILL WANT?
>> THAT’S THE TRADITION OF THE
COURT.
COURT. FOR EXAMPLE, JUSTICE KAGAN WAS
PUT ON THE COURT BY OBAMA BUT IN
HER FIRST YEAR SHE VOTED TO
STRIKE DOWN A BIG PIECE OF
PRESIDENT OBAMA’S OBAMACARE
INITIATIVE.
INITIATIVE. SO THAT’S THE WAY JUDGES
NORMALLY OPERATE.
NORMALLY OPERATE. WE SAW IT BEST THIS WEEK BECAUSE
WHO VOTED ON THE ACOSTA CASE TO
SAY TRUMP, YOU’RE WRONG, CNN AND
ACOSTA YOU’RE ABSOLUTELY RIGHT?
IT WAS A TRUMP-APPOINTED JUDGE.
THAT’S THE WAY JUDGES WORK.