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Judge Who Tossed Anti-Weaponization Fund Discredits Judiciary In Clearly Prejudiced Ruling

If judges no longer feel compelled even to restrain the appearance of their predispositions, something has gone profoundly wrong with the judiciary.

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A federal judge has thrown out President Donald Trump’s lawsuit against the IRS that resulted in a settlement creating a multibillion-dollar anti-weaponization fund. In doing so, U.S. District Judge Kathleen M. Williams declared that the suit “was not brought to vindicate rights; it was brought to manipulate the judicial process,” describing it as little more than a vehicle to manufacture judicial approval for an otherwise improper political arrangement.

Whether one agrees with that conclusion is almost beside the point. What should concern anyone who values an impartial judiciary is how Judge Williams reached it.

Justice Felix Frankfurter once described the defining quality of a judge:

“What becomes decisive to a Justice’s functioning on the Court … is … his capacity for detachment, his temperament or training for putting his passion behind his judgment instead of in front of it.”

Frankfurter did not suggest that judges should have no opinions. They are human beings, not machines. Every judge brings personal experiences, instincts, and views to the bench. The discipline of judging lies in ensuring those instincts remain behind the legal analysis rather than leading it.

Judge Williams’ opinion inverts that principle so completely, and so unapologetically, that it reads as though the appearance of judicial detachment no longer matters. If judges no longer feel compelled even to restrain the appearance of their predispositions, something has gone profoundly wrong with the judiciary.

In the first few pages, long before she even begins contemplating the legal issues, Judge Williams frames the entire case through a lens of condemnation rather than adjudication. Her language reveals an unmistakable hostility toward President Trump, his sons Donald Trump Jr. and Eric Trump, and the Trump Organization, the plaintiffs before the court. She dismisses their legal position as a “credulous exercise,” accuses them of attempting to “gild their efforts” with the........

© The Federalist