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By Jonathan Allen
WASHINGTON – While millions of Americans were preparing to eat roast turkey for Thanksgiving on Thursday, President Donald Trump used a holiday call to US troops and Twitter to grill Chief Justice John Roberts and federal courts.
"Judge Roberts can say what he wants, but the 9th circuit is a complete disaster," Trump wrote on Twitter. "Judges must not legislate on security … and border security, or anywhere else … they know nothing about it and make our country dangerous." Our great law enforcement professionals MUST BE AUTHORIZED TO DO THEIR WORK! Otherwise, there will be nothing but chaos, chaos, injury and death. We want the Constitution to be written! "
Leaders of two of the three branches of the federal government clashed this week as a result of Trump's reprimand against a federal judge who ruled that the government must consider asylum applications no matter where the migrants cross the US border.
While Trump did not check Roberts' name during his teleconference with military on Thursday morning, he criticized the ninth circuit.
"We are getting a lot of bad court decisions from the ninth circuit, which has become a big source of thorns for us," he said about the federal circuit most often targeted by Conservatives for derision, "It's a terrible thing when judges take service, when they tell you how to protect your border. It's a shame. "
Trump, who is spending his holidays in Florida, has chosen to speak with members of the armed forces by conference call after being criticized by some veterans for not having visited the troops in a war zone.
In a later exchange with reporters, Trump took a softer tone towards Roberts.
"Chief Justice John Roberts – I like him and I respect him – but I think we need to use common sense," said the president.
Trump tore up the federal court judge who made the decision, Jon S. Tigar, as "Obama Judge", criticized the Ninth Federal Court of Appeal, even though Tigar is at a lower level than federal appeals, and the Judiciary has no role to play in maintaining national security and puts America at risk through its decisions.
The characterization of Tigar as "Obama Judge" is clearly under the skin of the Chief Justice, who, for the first time, rebuffed Trump.
"We do not have Obama judges, Trump judges, Bush or Clinton judges," Roberts told The Associated Press on Wednesday. "What we have is an extraordinary group of dedicated judges who do their best to make an equal right to those who appear before them."
And, he added, "the independent judiciary is something for which we should all be grateful".
Trump first responded to this Wednesday.
"Sorry, Chief Justice John Roberts, but you do have" Obama judges ", who have a very different point of view than those accused of the security of our country," Trump wrote on Twitter.
In Trump's Thursday tweets, his quote from a 79% Supreme Court reversal rate in cases dealt with in the Ninth Circuit is accurate for a set of specific years, but does not does not provide the context according to which the ninth does not have the highest rate among the circuits.
According to the results of SCOTUSblog analysis, the ninth circuit reversal rate was 86% for the period of October 2017 and 76% for all circuit courses. Three circuits were reversed 100% of the time.
Including both positions on the court system, Trump had tweeted four times before 7:30 Thursday. "HAPPY TO THANK YOU ALL!" he wrote shortly before tearing up federal judges.
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