Former GOP judge explains how Trump intends to 'flood the zone' to 'overwhelm' the courts



One retired federal judge is now making a dark prediction about President Donald Trump's second term based on his relationship with the federal courts and the Constitution.

During a Wednesday segment on MSNBC's "Deadline: White House," former U.S. Circuit Judge J. Michael Luttig — an appointee of Republican President George H.W. Bush — told host Nicolle Wallace that Trump's threats to due process rights should be taken seriously. Wallace began the segment by pointing out that Deputy White House Chief of Staff Stephen Miller was "looking at withholding habeas rights from immigrants" and that Homeland Security Secretary Kristi Noem said the same during her Wednesday hearing before the House Homeland Security Committee.

"I wonder what your thoughts are for how everyday people, how all of us stand up for this right before the Trump administration sort of socializes it with Trump's base, socializes it with right-wing media and then takes away a long-held American Constitutionally guaranteed right?" Wallace asked.

READ MORE: 'Not fit to hold the office': Dem demands 'despicable' Kristi Noem's resignation

"The president of the United States has no right whatsoever unilaterally to suspend the writ of habeas corpus," Luttig responded, referring to the right of a detainee to demand their day in court. "If that's going to be done, it has to be done by the Congress of the United States. And it can only be done in times of war or the equivalent an invasion during a time of war. The simple migration to the United States of immigrants from foreign lands doesn't even begin to justify suspending the writ of habeas corpus."

Luttig then opined that Trump quietly "understands all of this," but that the goal of his second term was to simply flood the zone with so many "illegal" actions that the federal judiciary is simply unable to rein him in due to the volume and the speed at which he breaks laws. The retired conservative judge also remarked that this was "the most important thing" about the Trump adminstration for Americans to understand.

"[Trump] understands that everything he's proposing is unconstitutional or in violation of the laws of the United States. But in his cynicism, he knows that if he overwhelms the nation with illegal initiative after illegal initiative, that the courts cannot even possibly resolve them before the end of his term," Luttig said. "And in any event, the damage that he will have done to America and to the individuals that he's retaliating against, it will be done. And he knows that."

Watch the segment below, or by clicking this link.

READ MORE: 'Rip the plane apart': Trump's hopes of flying in Qatar's royal jet just hit a major snag

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