It seems that we continue to struggle with a chief executive who goes on social media to personally attack judges who have ruled against his laws or policies. No, it is not Donald Trump. This week, California Gov. Gavin Newsom (D) went on Twitter/X to denounce U.S. Judge Roger T. Benitez as “an extremist, right-wing zealot with no regard to [sic] human life.” Four years ago, I wrote how Democrats were becoming more Trump-like in their attacks on judges and hyperbolic rhetoric. There is no better example than Gavin Newsom.
Many of us criticized Trump for his attacks on judges, including Judge Gonzalo Curiel over his hispanic heritage. Trump would often savage judges for being Democrats or liberals when there were good-faith legal disagreements over his policies.
Newsom seems increasingly to be morphing into the man that he once denounced for such “toxic” rhetoric.
Benitez earned the ire of Newsom by ruling yesterday that California’s limit on high-capacity magazines violates the Second Amendment. He previously ruled against the ban in a partial stay in 2019.
There are good-faith arguments that these bans contradict Supreme Court cases on the scope and meaning of the Second Amendment. It is certainly an open question but gun-rights advocates are challenging these laws as without constitutional or historical foundation. In New York State Rifle &Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), the Supreme Court held that
[W]hen the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, . . . the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this Nation’s historical tradition may a court conclude that the individual’s conduct falls outside the Second Amendment’s ‘unqualified command.’
As a lower court judge, Benitez is required to follow that precedent and, while some may see room for a contrary ruling, he wrote a lengthy opinion in Duncan v. Bonta (below) on why the California law fails under this precedent:
There is no American tradition of limiting ammunition capacity and the 10-round limit has no historical pedigree and it is arbitrary and capricious. It is extreme. Our federal government and most states impose no limits and in the states where limits are imposed, there is no consensus. Delaware landed on a 17-round magazine limit. Illinois and Vermont picked limits of 15 rounds for handguns and 10 rounds for a rifles. Colorado went with a 15-round limit for handguns and rifles, and a 28-inch tube limit for shotguns. New York tried its luck at a 7-round limit; that did not work out. New Jersey started with a 15-round limit and then reduced the limit to 10-rounds. The fact that there are so many different numerical limits demonstrates the arbitrary nature of magazine capacity limits.
Rather than attack the basis for the opinion, Newsom followed the common practice today in commentary and Congress in attacking those who hold opposing views. He posted on Twitter/X:
BREAKING: California’s high-capacity magazine ban was just STRUCK DOWN by Judge Benitez, an extremist, right-wing zealot with no regard to human life.
Wake up, America.
Our gun safety laws will continue to be thrown out by NRA-owned federal judges until we pass a Constitutional Amendment to protect our kids and end the gun violence epidemic in America.
So, rather than offer an opposing view on the historical foundations and constitutional justification for the law, Newsom called the judge a child-killing, extremist, right-wing zealot owned by the NRA.
That is not at all “toxic.”
Such trash talking is now the norm in American politics as members of Congress regularly attack journalists, whistleblowers, and others personally rather than address their underlying views. I have testified over 100 times in Congress over decades and I have never seen the degree of ad hominem attacks on witnesses by members. It is meant to not only appeal to the most extreme elements in our political system, but to chill other witnesses who may be considering testimony that a party opposes.
The attacks on judges by our political leaders are particularly chilling. I denounced it in Trump and it is no less “toxic” by Newsom. Yet, while the media universally condemned Trump in these attacks, reporters have been largely quiet or neutral in reporting the attacks by Newsom.
As for Newsom, he knows that, in the age of rage, the most rageful reigns supreme.
Here is the opinion: duncan-v-bonta-order
Not to Worry!
The Deep Deep State “Swamp” is going to remove Joke Buydem and ensconce Moochhell Obama per Ted Cruz.
No democrat would run against incumbent Real President Donald J. Trump in 2020 so the party ended up with Joke – no one had any idea the election could be or would be “rigged.”
Obama is confident that he can control Moochhell as well or better than he controls Joke, and he is determined to pound the last nail in the republican casket as the final act of stealing the nation by flash mob smash-and-grab and “fundamentally transforming” the United States of America into the banana republic of Haitifricaxico.
To wit,
“So here’s the scenario that I think is perhaps the most likely and most dangerous.”
“In August of 2024, the Democrat kingmakers jettison Joe Biden and parachute in Michelle Obama.”
– Senator Rafael Edward “Ted” Cruz, Jr. (R, TX)
“Goofy Gavin” did not win in the communist, one-party state of Commufornia, “Goofy” was ensconced by the communist party.
Two democrats and no republicans ran for U.S. Senator from that once-great State in the last election.
Joke Buydem did not win in 2020; Joke was ensconced by the Deep Deep State “Swamp” (i.e. communists).
Alas, as they say, California leads the nation.
Not to worry! Look at the American fertility rate in a “death spiral” and the border; Americas are dying off and being replaced by illegal alien invaders.
In 100 years, there will be no Americans left in America.
It’s all good. Right?
Please let me explain why the hand gun clip capacity is so stupid. With just a few hours of practice an empty clip can be ejected and be replaced in under ten seconds. Clip capacity is just another virtue signal by people like Gavin Newsom. In one respect Newsom is correct. Children are being killed in San Francisco with hand guns used by criminals who have been let out of jail early. Newsom has proven that he has more compassion for the repeat criminal than for the children who die when they are allowed to go free. Here’s the thing. He knows it.
@TiT,
Don’t say clips say magazines.
Clearly you don’t know much about guns.
10 seconds is a lifetime.
You can easily drop the empty mag and then replace it with a full mag in under 2 seconds w minimal practice.
While that may seem like a long time… if you’re looking at good shot placement you’re not going to be popping off rounds quickly. Your shots will be timed.
Calling a judge bad names is one things. Threatening physical violence if they don’t rule your way is another thing entirely, as is trying kill them to prevent a ruling against your ideological beliefs.
Liberal Democrat Chuck Schumer has specialized in threatening physical violence against conservative Supreme Court Justices,, while liberal Democrat Nicholas Rose has tried to kill a conservative Supreme Court Justice to prevent a ruling.
Counselor, As a 25 year web Journalist BA NYU published, is Newsome okay? He cannot go on the stump and Californite America, that is absurd. Additionally, I did work for the Harris Poll for 1year as a statistician I worked a district as a GOP Committeeman for 25 years, I will be a Monkey’s Uncle if Gavin could ever win five states so ‘potentially he is Goldwater 1964 who replicated that in the Deep South.
If that’s really what you think, then you haven’t listened to most Democrat members of Congress lately.
In Ted Kennedy’s America, drunk men can drive off a bridge into a body of water with a female passenger to let her drown, while saving yourself, fail to report the death to local authorities in a timely manner, never apologize to the family of the deceased woman, and incur no legal charges for the murder. In Ted Kennedy’s America, MaryJo Kopechne, was just a secretary, a dumb Pollack from a poor family, a gullible, star struck, die hard practicing Catholic, one of many women whom he would destroy, while he got second chances over and over and over again. Besides, Kennedy’s insurance company did pay Kopechne’s parents $141,000 as a settlement.
Imagine being responsible for such a hideous, savage crime, never apologizing, leaving her parents to grieve until they died, never taking ownership nor facing legal consequences yet sitting in judgment of others. That is today’s America envisioned by modern Democrats.
Jonathan Turley, you are displaying shameful intellectual dishonesty, that of, well, Gavin Newsom. It is astonishing you would use Donald Trump as the standard bearer of political demagoguery.
Robert Bork sends his regrets from the grave that Ted Kennedy and Joe Biden dug for him.
Jonathan: Judge Benitez is no friend of gun control. He made that clear in 2021 when he overturned California’s ban on assault weapons. In that decision Benitez said: “Like the Swiss Army Knife, the popular AR-15 is a perfect combination of home defense weapon and homeland defense equipment”. Could have been written by the NRA. Gov. Newsom criticized that decision saying comparing an AR-15 to a pocket knife misses the point that the latter is a “weapon of war” and Benitez “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon”.
The NRA predicably applauded Benitez’s 2021 decision as it has now that in his decision overturning California’s limits on LCMs. The problem in Benitez’s decision is that AR-15 are not being used for “home defense” and LCMs have only one purpose–to kill large numbers of people without reloading. It doesn’t take a rocket scientist to figure out why racists and anti-Semites love the AR-15. We have seen how AR-15 style weapons are actually used. They were used at the shopping mall in Allen, Texas to kill 8, the mass murders of Jewish worshippers at a synagogue in Pittsburgh, the mass killing of Black shoppers in Buffalo, Sandy Hook and other mass shootings. Maybe Benitez thinks all these mass shootings are just part of “homeland defense”. No wonder Gov. Newsom and Californians are upset with Benitez.
Now comparing Newsom’s attacks on Judge Benitez with DJT’s “toxic” attacks on Jack Smith, Judge Chutkan, Letitia James, Fani Willis and all the other prosecutors and judges is not the same thing. DJT’s attacks have resulted in many death threats against the aforementioned. Haven’t seen any death threats against Judge Benitez. It’s all false equivalency. Have you seen any of DJT recent attacks on judges and prosecutors in the cases he faces? Newsom’s complaints about Benitez don’t begin to compare to DJT’s systematic attacks on the criminal justice system!
“The problem in Benitez’s decision is that AR-15 are not being used for “home defense””… we’re I to ever post anything so devoid of fact or defensibility I would immediately use my AR-15 to destroy my keyboard. Firearms of every type are today in service for home defense, and for every one holding what some consider too many rounds there is at least as many that hold too few. Governor Newsom would prefer that everyone outside of him, his family, and his privileged peers, stake their lives, and those of their loved ones, on the latter.
Predictably, Dennis MacIntyre, the Soviet Democrat’s police state fascist apparatchik who pushes their lies and hatred of the Second Amendment, attempts to rewrite practically everything. Ending with “BUT MUH TRUMP!” about Trump’s complaints about justices – with no mention of Schumer threatening SCOTUS justices by name, the other elected Soviet Democrats’ attacks and lies about both Kavanaugh and Comey Barrett. And of course, the ongoing relenting attacks by elected Soviet Democrats on Associate Justice Thomas.
And straight out of the Soviet Democrat Lie Closet: the only purpose of an AR-15 is to kill large numbers of people. With AR-15s available for civilian purchase from the 1950’s, with over 40 MILLION AR-15s alone in civilian hands… if AR-15s were the cause of mass murderers choosing to kill people, the resulting rivers of blood that would flow in the streets because of that would prove their claim if it were not just a political lie.
Ever notice that the Soviet Democrat police state fascists and their apparatchiks like Dennis MacIntyre never demand “reasonable media control laws” to limit the First Amendment rights of news media to provide potential mass media with a template of which specific firearm they should use, how they should equip themselves, the script to follow for their bloody performance art, guarantee them their 15 minutes of fame, publishing of their angry manifestos, etc?
I thought the argument for attacking the Second Amendment was “If it only saves one life, it’s worth it”. Should we find it strange that Dennis MacIntyre and the Soviet Democrat police state fascists don’t equally attack the media’s First Amendment rights regarding mass murders on the same basis of “if it only saves one life, it’s worth it”?
Meanwhile, the Soviet Democrats’ donors at the Planned Parenthood elective birth control abortion Baby Body Parts Chop Shops slaughter more Americans – primarily black Americans – every single year than the legally owned AR-15s have since they were first made available to purchase in the 1950’s. The Soviet Democrats support that slaughter – and the hundreds of millions of taxpayer dollars that Planned Parenthood kicks back to them for supporting Margaret Sanger’s final solution.
Jonathan: Judge Benitez is no friend of gun control.
Nor should he be.
In that decision Benitez said: “Like the Swiss Army Knife, the popular AR-15 is a perfect combination of home defense weapon and homeland defense equipment”.
And? It’s the plain and obvious truth.
Could have been written by the NRA.
Indeed, because the NRA generally tells the truth. (I’ve never caught it telling anything but the truth, but I can’t say for sure that it never does.)
Gov. Newsom criticized that decision saying comparing an AR-15 to a pocket knife misses the point that the latter is a “weapon of war”
Which is a lie.
and Benitez “completely undermines the credibility of this decision and is a slap in the face to the families who’ve lost loved ones to this weapon”.
That just makes no sense at all. It’s just a demagogic rant.
The problem in Benitez’s decision is that AR-15 are not being used for “home defense”
Yes, they are.
and LCMs have only one purpose–to kill large numbers of people without reloading.
Which you sometimes need to do. It depends how many people are attacking you.
It doesn’t take a rocket scientist to figure out why racists and anti-Semites love the AR-15.
Americans love it, for good reason; there’s no reason to expect racists and antisemites would be different. But they don’t love it more than anyone else does.
We have seen how AR-15 style weapons are actually used. They were used at the shopping mall in Allen, Texas to kill 8, the mass murders of Jewish worshippers at a synagogue in Pittsburgh, the mass killing of Black shoppers in Buffalo, Sandy Hook and other mass shootings
Sure, they’re occasionally used for such purposes. Very occasionally. After all, criminals have to use something, and these are useful weapons, so sometimes they use it. But not very often. Usually murderers use handguns, shotguns, and other weapons. Meanwhile over 99.9% of the AR-15s out there are not used for crimes, because that’s not what they’re best suited for.
I noticed Dennis didnt mention Virginia Tech, where more people were killed than ANY of the shootings he mentioned by name.
Not an AR-15
You lack historical perspective or you are just parroting another.
Jason, no. I don’t know who you’re listening to, but Democrats threatened to pack the Court. That right there.
Never mind that a significant number of California arms itself for protection against opportunistic thugs sponsored by the Newsom regime. Newsom is closing prisons, thus overcrowding others thereby forcing early releases per another judges overcrowding order. He is forcing criminals out of prison and in your unarmed face.
I refuse to be a helpless victim. You never know when you might need the other 14 shots. Funny in 1969 the Army gave me a gun for defense as well as offense. My life has been cheapened by the State of “Newsom-fornia”
In the 1992 LA riots, footage of Korean shop owners defending their businesses set the gun-control movement in CA back a couple decades. What you describe is a similar dynamic.
Jason, Bill Clinton roasted Kenneth Starr. Obama famously attacked the Supreme Court during a state-of-the-union address.
Professor Turley seems to be suggesting that political attacks on the courts are a recent development and immoral. He’s protecting his own–which I get–but I don’t agree with him. The courts are fair game, always have been and always will be.
It’s when politicians try to hijack the courts institutionally, like court packing, that I start to get really alarmed.
“He’s protecting his own–which I get”
Do you think he realizes this?
Alan, I doubt there’s anything the Professor is unaware of. As a scholar, he needs access to jurists, and for that reason, he might see the need to make himself their champion.
On second thought, the Professor may be more-narrowly suggesting personal attacks on judges are a recent development. I don’t know. Maybe that’s the case. If so, I’m not recommending people do it. I’m just more concerned about institutional attacks than mean tweets.
Kathleen Willey’s cat could not be reached for comment.
Abortion, diversity (inequity, exclusion) , and liberal? How very politically congruent (“=”) of Newsom.
should focus on the fact that it’s Trump’s normalization of these kinds of attacks that should be criticized.
Again the cause and effect backwards. Newsom and Schummer are the ones normalizing Trump
Amazing how folks like you, Jason, are so blind to the truth, so easily managed by the nasty, vicious far left (fascist) Dem media. Exposing the extremism of the far left media, politicians, and court officials is, to leftist supporters like you, “nasty, violent behavior”. Even though it is true.
Should Winthrop and the “city on a hill” still apply today? Should America still be a model for the world?
Newsom called the judge a child-killing, extremist . . .
Interesting. And how does he feel about children inside the womb, including those in the third trimester?
Presidents work with Congress on the spending bill and sign or veto the spending bill. Nice attempt to remove their responsibility though.
U are the one who brought up the subject. Congress is given the Constitutional responsibility to tax and spend. Full Stop.
Typical liberal projection since jt was you that attempted to remive their responsibility
But thank you so much for sharing the third grade civics lesson. I didnt realize schoolhouse rocks was still a thing. .
Sandmann,
Awesome take down!!
Two thumbs up!
Since the early nineties, America made splendid progress on reducing gun homicides. In fact, most Western nations made progress, with or without increasing gun control. America actually expanded gun rights during this period.
Now that progressive prosecutors and judges are on the rise, so is violence in many categories, including gun homicides.
2020 and 2021 returned gun homicides to levels not seen since the nineties. It was so bad in the nineties (during the crack epidemic), that Joe Biden voted for tougher sentencing guidelines (and bragged about it!) That Joe Biden blamed criminals, not gun owners, and crime declined. Where is that Joe Biden now?
American democracy survived 234 years of gun ownership (and got better), but democracy may not survive the current version of the Democrat Party.
And as I recall, Andew Jackson (another Democrat) told the Supreme Court to pound sand over tribal rights. That is the kind of insult to court authority that the Democrats are resuming on a variety of issues, including free speech. Governor Hair-gel is nothing new. SSDD.
“America actually expanded gun rights ”
Great comment which says it all.
Nope. More Democrats, more homicides and violence.
What Janson lies about, is licensed gun owners are not committing more crimes.
More guns, less crime.
https://www.amazon.com/More-Guns-Less-Crime-Understanding/dp/0226493660
Diogenes, you commented, “On second thought,” which only appears in the email.
I thought your first answer better-tracked Turley. I have long felt Turley is in survival mode. His use is of lesser value to the free speech movement if perceived away from what he is, ideologically left of center.
Jason B has no historical perspective because he is the Bug. Like a bug, he lacks intellect and historical perspective.
All posts beneath his exist nowhere. He is a pig.
You’re probably right, Alan. I’m probably overthinking and second guessing everything.
I think Jason blew up the thread. Just as well. I regret responding to him.
“Jason” (aka Wally, Svelaz, concerned citizen, Leftist sealioning Anonymous, Gigi, bug, et al) did not blow up the thread. Those who replied to him did. All those who engage the trolls bear the brunt for this forum crashing into a dumpster fire.
“did not blow up the thread. Those who replied to him did.”
How? Those who replied to the post did so to a comment that Never Trumpers and a few Republicans make about Trump when they provide the left with talking points. Jason started the thread under a new name. No one responding could be sure it was the Bug instead of a dissatisfied Republican.
That is one reason those who oppose Biden should hold their tongues about the composure of a candidate and focus on policy.
Newsome is just another Tyrant with a Marxist Utopian Wet Dream.
According to ATF 700 million guns in circulation. 49 straight months of over 1 million guns sales each month. 100 million plus gun owners. WHO do you think will be able to take them by force? The Statist are out gunned and outnumbered.
None of you are talking American Citizens guns. Let be clear as Obama would say; not Biden or Harris. At most you will start an Armed Revolution you will not survive. May I suggest you Marxists read up on the French and American Revolutions?
Your Medical Tyranny will not fly for this election. We’ve had enough of your crap!
GO POUND SAND!
Update on the New Mexico shooting that Governor Lujan Grisham of New Mexico used to disarm law abiding citizens, even if only for a few days. Three thugs, Daniel Gomez 22, Jose Romero 22, Nathan Garley 21 sprayed a pickup truck driven by a mother and her 11 year old son while they were leaving a baseball game. They killed the boy and paralyzed the mother. They were thankfully caught. The APD discovered that it was a case of mistaken identity in a drug gang. Nathan Garley (one of the killers) and his girlfriend fled the state, went to Phoenix and picked up 100,000 fentanyl tablets (22 pounds) and were returning to Albuquerque with intent to distribute. They were pulled over by the State Police and to the credit of the skill of the officer, were arrested. These are the thugs who have been getting off with light sentences and emboldened by weak prosecutors and policies. One thing is for certain, the heat has been turned up on law enforcement (many of whom are trying to do a good job) and the spineless politicians who are being shown for what they really stand for with regard to law and order.
Criminals who use guns in crimes, whether they are rich or poor should be given special consideration and maximum sentencing. Any thug who deals drugs, especially fentanyl and the newer, more powerful, devastating drugs, no matter their status in the socioeconomic strata should be given though punishment.
The problem with limiting capacity of magazines to a certain number rests on who gets to determine the “bright line” of what that number should be. Should it be 17? more? Less? Back to Governor Lujan Grisham and New Mexico, legislation was introduced last year that would limit the rounds to 9 and outlaw 9mm rounds. If this had passed, then all those who own the “California” and “Canadian” Glocks with a 10 round capacity would have been in violation of the law. Give an inch and they will take a mile. Then if it is 9 rounds, they will make a maximum of 8 and so forth.
A skilled shooter can drop a magazine and with a snap be onto the next in a matter of seconds.
Instead of doing the difficult, thankless job of taking the criminals off the streets and enforcing laws that are already on the books, they go after law abiding citizens in their quest to disarm the citizens. There is one purpose for a handgun and only one, that is self defense and only as a last ditch effort. There is an obligation of the gun owner to take training before ownership, ongoing training, safely store the weapon and understand the devastating consequences of collateral damage if the gun is improperly discharged. With the right to bear arms comes heavy responsibility.
E.M.
Well said!
And thank you for the update on the circumstances of the shooting.
Gang related. Imagine that.
I’ll give that Getty-owned, Pelosi-operated POS a high capacity magazine and i’ll take two bottles of Plumpjack and we’ll see who’s left standing.
newsom is a product, a pathetic attempt at a national product for sucker democrats to rally behind.
Pull his string and words come out of the Ken doll.
“Four years ago, I wrote how Democrats were becoming more Trump-like in their attacks…”
Democrats would be better off using Trump’s policies rather than his mannerisms. The country would be better off. Such peculiarities, absent good policy, diminish our society.
S. Meyer,
I do not disagree.
But I think the Biden admin and the Democrats have put America on a path that cannot be turned. Too much momentum to steer the ship to a safe harbor. For them it is into the storm, be damn the consequences.
Just read two Fed members think America’s can take more inflation and rate hikes.
A lot of that piss on the unwashed masses, while they eat their cake.
How can you blame inflation on the Fed? Rather than the CARES Act and the deceptively-named Inflation Reduction Act? The U.S. had endemic inflation from 1965 to 1980 and the only cure was sufficiently high interest rates imposed by Paul Volcker.
But on the subject of Newsom, I had to agree with him for the first time when he referred to Biden recently as a “seasoned pro” (“pro” of course being short for “prostitute”). Biden is so well-seasoned he’s in fact “fully baked”, as Dustin Hoffman said in The Graduate.
Creekan,
The Fed as in, they thought they had everything under control, inflation was transitional, they could handle it.
So after over a decade of near zero interest rates, they hiked rates but way too late and not fast enough. Of course they painted themselves into that box and tried for a just enough to slay inflation but not wreck the market.
The CARES act and the IRA both made inflation worse.
Some say now with de-dollarization on going, they are stuck with two bad choices, save the markets, or save the dollar. They cannot do both.
Invest in PMs and chickens.
“Four years ago, I wrote how Democrats were becoming more Trump-like in their attacks…”
Here is the problem with this.
Trump is not a trained politician. He never learned the proper protocol.
Politicians always use proxies to voice their opinions. An unnamed source, a spokesman from a congressmans office, a mid level cabinet functionary, to spew the hate. Getting the message out there without getting the pols. hands messy. Provide plausible deniablity.
Trump does his own wet work. I am surprised by normally astute observers fail to see the blatant reality
Mr. Turley is sufficiently astute; this is not a momentary failure in regard to that. This is the emotional bias that you get along with Mr. Turley being a leading legal expert.
The same bias that results in him taking the time to introduce Trump and his verbal attacks on judges into his critique of Newsom’s complaints – somehow or other making no mention of Schumer and his attacks and implicit threats against SCOTUS judges by name, the Soviet Democrat attacks on Kavanaugh and Comey Barrett, the Soviet Democrat politicians with unrelenting attacks on Clarence Thomas, etc. Only Trump and his complaints get mentioned, despite his complaints about judges being vastly overwhelmed by the number of attacks launched by elected Soviet Democrat politicians.
Mr. Turley’s underwear is showing.
Richard James=bug face the lawn boy.
What a useless tool
I know because he is infatuated with underwear, diapers, bung holes, and the like.
Maybe you are saying we should remove some of the politics from government. That might lead to statesmanship, a word seldom uttered any longer.
Trump is as close as we come to statesmanship, but an over-active oral cavity keeps him from crossing the gap.