Prominent conservative judge resigns, calling Trump 'uniquely dangerous'

Key Concepts

• Rule of Law: The principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced.
• Equal Justice Under Law: The ideal that the legal system should treat all individuals impartially and without bias, regardless of their status or political affiliation.
• Separation of Powers: The division of governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another.
• Checks and Balances: A system in which each branch of government has the power to limit the actions of the other branches.
• Abuse of Power: The misuse of authority by a government official or institution for personal gain or to oppress others.
• Judicial Independence: The concept that judges should be free from improper influence from other branches of government or from private interests when making decisions.
• Impeachment: The process by which a legislative body brings charges against a government official.

Judge Mark Wolf's Concerns Regarding the Rule of Law and Presidential Conduct

Retired federal judge Mark Wolf, after four decades on the bench, has publicly expressed profound concerns about the current administration's impact on the rule of law in the United States. In an essay for The Atlantic, he stated, "The White House's assault on the rule of law is so deeply disturbing to me that I feel compelled to speak out. Silence, for me, is now intolerable." Judge Wolf elaborated on these concerns in an interview, highlighting what he perceives as a unique and dangerous approach by the current president.

The President's Alleged Assault on Equal Justice Under Law

Judge Wolf's primary concern centers on the principle of "equal justice under law," a cornerstone of his 50-year career in public service. He argues that the current president "repeatedly, overtly directs the Department of Justice to prosecute his perceived political enemies." Simultaneously, he notes that the Department of Justice is allegedly "not investigating possible corruption by people close to the president and people doing things to profit the president and his family." This, in Judge Wolf's view, is "utterly inconsistent" with the fundamental principle of equal justice and is "deeply disturbing."

Erosion of Confidence in the Judiciary

Drawing from his experience during Watergate, where he witnessed presidents pushing the limits of power but ultimately adhering to judicial orders, Judge Wolf is worried that the "guardrails" may no longer hold. He attributes this concern, in part, to the "abuse that has been showered on the courts and the judges," which he believes is causing people to "lose confidence in the integrity and the impartiality of the judicial process."

He contrasts the current situation with the Watergate era, where President Nixon, despite possessing incriminating tapes, understood he had to obey the Supreme Court's order to turn them over. Judge Wolf is "not confident that would occur today" because when judges rule against the president, the president "says they are corrupt and they should be impeached." This rhetoric, he fears, prevents judges from doing their work impartially and may lead the public to believe judges are indeed corrupt.

Widespread Concern Among Judges

While judges do not discuss specific cases, Judge Wolf asserts that his concerns are "widely held" within the judiciary. He acknowledges that presidential criticism does not influence how judges decide cases, as they "do their work and hope it speaks for itself." However, he emphasizes the personal toll of being called "crooked," not due to hurt feelings, but because the lack of a strong rebuttal can lead many to believe the accusations. He also notes that the president's "vitriolic comments have coincided with threats of harm, death threats among others death threats to many federal judges," causing genuine concern and anxiety for judges and their families.

Personal Motivation and Risk

Despite the foreseeable risks, Judge Wolf, at 79 years old, feels compelled to speak out. He acknowledges the "risk of that" and states that while he has been threatened in his career, he has had a "very meaningful life." His motivation stems from a desire for his grandchildren and "everybody's grandchildren" to have the same opportunities for "life, liberty, and the pursuit of happiness" that he has had. He believes that individuals "shouldn't be intimidated" and that if he can contribute to protecting the "rule of law and our democracy," he feels "compelled to try to contribute." He does not expect to make a difference alone but hopes to work with others who are urging him to join their efforts.

The Stakes for Democracy

Judge Wolf refutes the notion that his concerns are "hyperbole," especially for those who may not feel their democracy is immediately threatened. He argues that while a president may claim to obey court orders, "responsible media report that it appears that many of them are not being obeyed properly." He defines democracy as the "rule of law," and states that if court orders are disobeyed, "then the president has absolute power."

He explains that judges "don't have armies to enforce their orders" and rely on the support of the American people who desire "life, liberty, and the pursuit of happiness." He stresses the importance of courts holding elected officials "to the limits of the power delegated to them from the people," as promised by the Declaration of Independence and the Constitution. Without such restraints, he warns, the U.S. could devolve into an "oppressive" system where elected officials face no limitations, a scenario he has observed elsewhere in the world.