Austrian economics and Say’s Law – google search

These were the paltry results from a google search under the question: “do austrians understand say’s law?”

From Mises Daily: Say’s Law in Context

From these two basic truisms arises Say’s Law. If individuals wish to procure a good they must give something in return that is also desirable to individuals. Therefore in order for one to be a consumer one must first be a producer of a good in which others find utility. Thus individuals desire the commodity of money not as an end in itself,7 but rather as a means to procure more desirable goods. However, in order to acquire money one must first produce a good that will exchange for money.8

The most important point in Say’s formulation is that the individual must produce something that is desirable to others. It is from the erroneous statement “supply creates its own demand” where the notion comes that as long as something is produced it will readily find a market. This idea conjures connotations of Ricardo’s labor theory of value in which a product is endowed with value due to the exertion of labor in its production.

From the QJAE: SAY’S LAW AND THE AUSTRIAN THEORY OF THE BUSINESS CYCLE

ABSTRACT: Economists have tried to explain business cycles as well as fluctuations in the economy, but over the past two centuries, the explanations have fallen into two areas. The first area tries to explain business cycles as being the result of fluctuating aggregate demand; if overall demand for goods is strong (or to put it another way, consumers are confidently buying goods), then the economy is in a boom. However, if consumers choose not to spend,then the economy is in recession. The second area, as outlined by Sowell is that of seeing an economy as operating within internal proportions that are brought into imbalances. Say’s Law is found in this second category, and the Austrian theory of the business cycle (ATBC) also is a proportionality-based theory. However, most economists have failed to make the connection between Say’s Law and the ATBC.

From Steve Horwitz: Say’s Law of Markets: An Austrian Appreciation

Given the strong similarities between Say’s work and that of the Austrians, including their similar classical liberal outlook, one would expect to find a good deal of discussion of Say’s Law in the classic Austrian literature. In fact, there is almost none. A search through Mises and Hayek reveals but one mention of ‘Say’s Law’ and only two or three more mentions of Say. Nowhere in Hayek’s work on business cycles and macroeconomic issues is Say’s Law mentioned by name. It does not appear in Mises’ Human Action, nor in any of the collections of his essays on money and related issues. The only specific mention of the law of markets is in the final chapters of The Theory of Money and Credit that were added in the 1952 edition. Other than that, there appears to be no discussion of Say’s Law, at least by name, in the Austrian literature until the mid- 1970s.

With respect to both Austrian microeconomics and macroeconomics, Say’s Law is a natural fit. When we move beyond the colloquial ‘supply creates its own demand’ version of the Law, and attempt to understand it in all of its complexity, we see how Say’s Law is an explanatory principle of the spontaneous order of the market, and one that crucially extends Smith’s insight about the extent of the market limiting the division of labour. As such, it becomes part of the microfoundations of macroeconomics, particularly in an Austrian view that emphasises monetary exchange as the central act of an economic order. No understanding of the effect money (and, by implication, time) has on the market can be complete without coming to grips with the issues raised by Say’s Law.

Smiling Dave A New Misunderstanding of Say’s Law which is a critique of the above article. This is he heading for the blogsite, or at least for this post, which means he gets it:

SMILING DAVE ON AUSTRIAN ECONOMICS.
MEN ERR IN THEIR PRODUCTIONS. THERE IS NO DEFICIENCY OF DEMAND. RICARDO

Austrian Economics Wiki Say’s Law

Say’s Law or Say’s Law of Markets is a principle attributed to French businessman and economist Jean-Baptiste Say, stating that there can be no demand without supply.

Which also has this as the full list of articles:

Say’s law on Wikipedia
Say’s law
Say’s Law: Were (Are) The Critics Right (pdf), by William L. Anderson
Lord Keynes and Say’s Law by Ludwig von Mises
A Rehabilitation of Say’s Law (pdf), W.H.Hutt
Say’s Law in Context by Peter Anderson, July 2003
Understanding Say’s Law of Markets by Steven Horwitz, January 1997

Tom Woods: More on Keynes and Say’s Law – an interview with Steve Kates

Say’s Law is such an obscure topic and while understanding the point is, so far as I can see, the essential ingredient in understanding what is wrong with Keynesian economics, very few take it up because it is so fiddly and there are so many elements that you have to keep straight all the time. I hope you won’t mind, but I’d like to just add a couple of things on Say’s Law to round out what I was trying to get across during the interview.

The interesting and depressing part is that W.H. Hutt stated that Say’s Law was the single most important element in the refutation of Keynesian economics. Unfortunately, he did not come to dealing with these issues until the chapter that begins on page 387 of his Keynesianism: Retrospect and Prospect (Henry Regerny 1963).

Yet even so extreme a Keynesian as Sweezy has been rash enough (and right enough) to admit, in his obituary article on Keynes that the arguments of The General Theory “all fall to the ground if the validity of Say’s Law is assumed” (Hutt 1963: 389)

If Keynes made it his crucial issue I still don’t understand why opponents of Keynesian economics don’t do the same.

The usual news round of a Friday night in the US

You know. Walk in the house. Scan the net. Usual things.

HILLARY HUMILIATION: BILL BRAGGED ABOUT SLEEPING WITH 2,000 WOMEN!

U.S. Taxpayers Are Funding Iran’s Military Expansion

U.S. Pilots Confirm: Obama Admin Blocks 75 Percent of Islamic State Strikes: ‘We can’t get clearance even when we have a clear target in front of us’

Bill, White House staff lived in fear of Hillary: Ex-Secret Service officer

How Ayatollah Khomeini suckered Jimmy Carter

Emails in Clinton Probe Dealt With Planned Drone Strikes

Followed, of course, by this.

Paul Ryan under fire for Trump remarks…

Wants Him To Lose So He Can Run In 4 Years?

My very thought about Chris Christie in 2012. These GOPe types make you sick with fury. As Glenn Reynolds asks: The Democrats’ ability to goad the GOP into forming a circular firing squad is a major strength of theirs. Why does the GOP play along?

Is Austrian economics a form of supply-side theory?

I am finishing off a paper on supply-side economics, which I argue is only represented by classical economic theory, and is not fully embodied in Austrian theory since its focus is on marginal utility as the central driver of activity. It is also a problem – to me, anyway – that Austrian theory does not incorporate Say’s Law, again because it is demand-side driven. Your thoughts would be welcome on this, as well as on this passage from the paper:

In the modern versions of Austrian economics, the approach often taken is to reject all interventions in the market and to leave the market to fulfil its role in allocating resources without government involvement. This is not a necessity within the theory itself, but as noted by Holcombe, is to a large extent the political preferences of those who focus on Austrian economic theory.

“Economic purists might argue that Austrian economics and libertarian politics are completely separate, but casual observation confirms that self-proclaimed members of the Austrian school tend to have more libertarian political views than the general population. This connection follows from the idea that the economy and society more generally, is a self-regulating complex system that is the result of human action but not of human design, and that attempts to intervene in that system are likely to result in negative unintended consequences.” (Holcombe 2014: 108)

Yet this is not entirely consistent with the views of Mises himself, who was more “classical” in his approach, or at least was in some of his earlier writings.

“If government buys milk in the market in order to sell it inexpensively to destitute mothers or even to distribute it without charge, or if government subsidizes educational institutions, there is no intervention. However, the imposition of price ceilings for milk signifies intervention.” (Mises [1929] 1977: 20)

I completely agree with Mises [1929] on this, but I wonder if that would still be part of the approach of an Austrian economist today.

Trump replies – Man Up

They’re not used to fighting to win. From The New York Times: Donald Trump’s Advice to Panicked Republicans: Man Up.

Donald J. Trump has some advice for panicked Republicans in Washington who are melting down over his most incendiary statements: Man up.

“Politicians are so politically correct anymore, they can’t breathe,”Mr. Trump said in an interview Tuesday afternoon as fellow Republicans forcefully protested his ethnically charged criticism of a federal judge overseeing a lawsuit against the defunct Trump University.

“The people are tired of this political correctness when things are said that are totally fine,” he said during an interlude in a day of exceptional stress in the Trump campaign. “It is out of control. It is gridlock with their mouths.”

Even as he chastised Washington’s political class for a lack of backbone, Mr. Trump exhibited modest signs later on Tuesday that he was getting the message that some remarks — such as questioning the fairness of Judge Gonzalo P. Curiel because of his Mexican heritage — crossed a line.

While he did not apologize, he issued a statement that his comments on Judge Curiel had been “misconstrued.” In a final Republican primary night victory speech, he struck a more conventional tone — at least for him — giving a more disciplined address using the teleprompter he has mocked while promising to make the Republican Party proud in the general election campaign.

But anyone thinking that Mr. Trump is going to suddenly adopt a more cautious, strategic approach yearned for by election-conscious congressional Republicans is likely to be disappointed. He wrinkled his nose in disgust at the mere mention of the word “pivot,” though he conceded he wants to get on to broader discussion of the economy.

In his view, it is clear that his way has worked and the establishment’s has failed. After all, he vanquished every senator, governor or former governor who challenged him for the party’s nomination.

“I disagree with a lot of things I’ve watched in politics over the years, that’s why I’m running,” Mr. Trump said over a meatball lunch he barely touched in the restaurant of Trump Tower. “And that may make me less popular with politicians. But I have to be honest. I didn’t get there by doing it the way a lot of these people do it.”

Interactive Feature | The Electoral Map Looks Challenging for Trump Current polls show an uphill battle for Donald Trump should he and Hillary Clinton face off in the general election.
Back in Washington, congressional Republicans were in a fever, with Speaker Paul D. Ryan, a reluctant Trump convert to begin with, calling Mr. Trump’s comments about the judge “the textbook definition” of racism. Senator Mitch McConnell, the Kentucky Republican and majority leader, denounced Mr. Trump’s crusade against Judge Curiel as stupid and urged him to apologize. Senator Mark Kirk of Illinois withdrew his endorsement, and others were pondering it.

Mr. Trump, arms crossed tightly across his chest during lunch, was aggrieved and considered some of the Republican pushback inappropriate and unhelpful — though he did not want to address specific critics. He insisted that he is anything but a racist and, with his usual rebuttal by the numbers, stressed that voters have rewarded his outspokenness with a record haul of primary votes while Washington is held in dismal regard.

“People want people to represent them who are going to stick up for what they believe in,” Mr. Trump said. “Politicians have been very weak and very ineffective over the last quite long period of time.”

Mr. Trump is also unhappy with the media, and noted that he is nearing the ability to reach 20 million people by himself through his personal Twitter, Facebook and Instagram accounts, providing an alternative way to reach the public, even if it’s largely a one-way conversation.

His is a campaign like no other, conducted out of a luxury office tower in Manhattan named for its most prominent occupant, the presumptive nominee himself. A few floors below his personal office with a Trumpian view of Central Park is unfinished space being leased to his campaign team, a relatively skeleton crew of 80 or so running a national campaign.

He is flabbergasted by critiques that he is woefully undermanned compared to the hundreds working for Mrs. Clinton, many just over in Brooklyn.

“To me, that is smart,” Mr. Trump said about his lean team, though he says he will soon increase his work force.

As the primary season came to an odd close with him under Republican fire in the nation’s capital — an unheard-of spectacle in the last half century of presidential politics — Mr. Trump took some time to huddle with his campaign team. His daughter Ivanka, a trusted adviser, was close at hand, as was his campaign manager, Corey Lewandowski, his press secretary, Hope Hicks, and his special counsel, Michael Cohen.

As he headed to the Trump Grill for lunch, tourists and workers hailed him, congratulated him and urged him on as they lined up to take photos with their phones.

He posed with some women and looked back at a reporter to point at the women and boasted “Hispanics!” Afterward, he bragged: “They say ‘We love you, Mr. Trump. We’re from Mexico.’ ”

After he was seated, the Secret Service erected a temporary partition to shield him from other guests.

UPDATE: You cannot, of course, trust the American media on a single thing. According to this, NYT Frames Donald Trump’s Advice To Pearl Clutching DC Politicians As “Man Up”…, he didn’t say “Man Up”. Not that I would be upset if he had, but here’s the story:

Priceless. The only problem for the New York Times is, Trump never said: “Man Up”.

A recent Times article, which was transparently structured to present candidate Trump with gender references, outlines Donald Trump’s opinion of the weak-kneed professional political class. His position is essentially the same as Senator Jeff Sessions, get over it.

Will the Republicans nominate Trump?

Donald Trump is the Stephen Curry of Republican politics.


CONFIRMED=> Hillary Clinton Received 1.5 Million FEWER Votes in 2016 than in 2008 — Democrats Down 7 Million Votes

Trump Shatters Republican Primary Vote Record by 1.4 Million…
Historic 13M Vote Blowout…
Beats Own Campaign Prediction, Reaching 1,536 Delegates…

Too bad they’re not playing basketball but politics. This is close to the vibe I see everywhere across Republican websites. From Ace of Spades: “So, Who Is the GOP Going to Install as Its Nominee Instead of Trump?” First he says this:

Let me explain my entire political raison d’etre:
BEAT HILLARY CLINTON.
That’s it. That’s the ballgame.

But then he say this about the leadership of the Republican Party:

I happen to think the White Upper Middle Professional Class is silly and overproud — the status conscious bourgeoisie who are a bit too fashionable and frivolous in their political passions.

They’re just not good in a fight. They back down too quickly from the left’s threat of reducing their social status.

Yet the fact is, you can’t win an election without them. This group, which isn’t only white, but is Super White, is a core group of any GOP coalition. Including the losing ones, even.

He thinks they won’t allow Trump to be the nominee. Trump’s task was not just to win the votes but to make himself acceptable to the while upper middle class leaders of the party.

I do think the GOP is actually gearing up to do something drastic in three weeks.

I think all the shrieking you’re seeing right now is part of the battlespace preparation to prepare for that moment.

To justify it, to defend it. To show: “We had no other choice.”

To say, “We tried working with him. You saw how hard we tried working for him! But he’s just impossible. He’s an animal, and we can’t do anything to educate him.”

The question I’m asking myself isn’t whether they’ll do this (if Trump keeps sinking in the polls, and stinking up the reputation of the Upper Middle Class Professionals that make up the high ranks of the party, they will), but who they’ll replace him with.

The word is Paul Ryan. He denies that. He denies a lot of things.

I think he’s a sneaky little rat who would be flattered by it, and flattered by it, he’d leap at it.

I’d go berserk if they tried that, personally. I think a lot of people would. He’s already a proven electoral loser — he got beaten by the Imbecile Joe Biden in a debate, for god’s sake — but they may try it anyway.

And so we shall see. There are many who are walking away. A random sample from today:

Trump/La Raza Judge Row Blows Lid On GOP Establishment Plan: Sabotage His Campaign, Wait For 2020

Uh Oh: Scott Walker Now Backing Away from Pledge to Support Republican Nominee

GOP Tool Hugh Hewitt TURNS On BFF Trump, DEMANDS GOP Tell Him To QUIT Campaign!!

You get the idea. Meanwhile, Ann Coulter is not really surprised in spite of what the headline might make you think: Stunning New Development!!! Media Calls Trump Racist.

The effrontery of this double standard is so blinding, that the only way liberals can bluff their way through it is with indignation. DO I HEAR YOU RIGHT? ARE YOU SAYING A JUDGE’S ETHNICITY COULD INFLUENCE HIS DECISIONS? (Please, please, please don’t bring up everything we’ve said about white judges and juries for the past four decades.)

They’re betting they can intimidate Republicans — and boy, are they right!

The entire Republican Brain Trust has joined the media in their denunciations of Trump for his crazy idea that anyone other than white men can be biased. That’s right, Wolf, I don’t have any common sense. Would it help if the GOP donated to Hillary?

Attack is the best form of defence

Donald Trump is not of the opinion that absorbing punishment is a useful way to show one’s strength. He is, in fact, the first person in politics on my side of the fence who thinks attack is the best form of defence. The business with Trump University is almost a perfect example of how he goes about his business. The case has existed for quite some time, but the minute it was raised, he slammed the judge overseeing the case as hopelessly biased against him, the evidence being that he was a member of La Raza, a race-based group supporting illegal migration into the United States.

Hillary wants to argue that Trump represents a War on Women. Back he comes with an attack on Bill’s serially abusive relationships with women, for which Hillary has been the enabler.

And then there was the story of how Trump’s campaign manager had thrown reporter Michelle Fields to the ground that was reported as unvarnished truth across the media, even when the videos, they had not known existed, showed none of it was true. Trump just stared them down and would not give an inch. Admirable qualities I would say in a president who you want to be looking after your interests.

In every way, Trump has shown an amazing willingness to counter punch, to refuse to accept even minimally the premises of his opponents. He may yet lose the election because of the range of forces ranged against him – including many supposedly on his own side – but he is more likely than any of the other Republicans to win. And he is changing the debate. And here is how he is changing the debate and will be putting Hillary on the back foot: TRUMP Announces MAJOR SPEECH on Clinton Corruption and Scandal Next Week.

The Clintons have turned the politics of personal enrichment into an art form for themselves. . . .

Hillary Clinton turned the State Department into a private hedge fund.

All true, but no one else has said it. Attack, attack, and then attack some more. If he loses, it won’t be because the facts weren’t out there. As he asks, I wonder whether the press will be there to cover next week’s speech.

The media don’t even pretend any more

You don’t often find an honest reporter in the US, but here we have finally found one. She honestly explains how the media must distort the news every day in ensuring that Trump loses. Here is the full posting by John Hinderaker: Wapo Columnist: Let’s Gang Up on Trump.

The Washington Post’s media columnist, Margaret Sullivan, who is also a former Public Editor of the New York Times, has an idea that she claims is novel, but may sound familiar to Republicans: news outlets should coordinate their efforts to defeat Donald Trump! It really is an extraordinary column:

Media outlets have given the likely Republican presidential nominee something like $2 billion worth of free exposure and, in many cases, let him get away with blatant falsehoods — even about something as basic as whether he did or didn’t support the U.S. invasion of Iraq.

Maybe I missed it, but I don’t recall liberal columnists objecting to Trump’s free publicity during the primary season, when it helped him defeat Republicans who would have been stronger general election candidates.

Fairness is of utmost importance, no doubt, whether the reporting is on Trump, Hillary Clinton or Bernie Sanders. But what, exactly, does it mean in campaign coverage? It should mean keeping an open mind, not bringing preconceived ideas to one’s reporting, and listening seriously to candidates’ explanations.

It should never mean false equivalency, where equal time and emphasis are given to candidates or dissembling is allowed to go unchallenged. …

News outlets ought to rethink the purpose of their campaign coverage. It’s not to be equally nice to all candidates. It’s to provide Americans with the hard information they need to decide who is fit to lead the country.

In other words, the job of a reporter is to help win the election for Hillary Clinton. It isn’t long before this conclusion becomes explicit:

There have been encouraging moments: CNN’s Jake Tapper pushing Trump hard for clarity on an endorsement from former Ku Klux Klan leader David Duke. Fox’s Megyn Kelly (before she went all fan-girl) asking a searing question about Trump’s treatment of women in a Republican debate. The Times’s investigation into Trump’s hiring of foreign workers at his Florida club, Mar-a-Lago. The Post’s reporters pushing so hard for answers on Twitter about claimed charitable contributions to veterans that Trump found it necessary to hold a news conference.

We need much more of this in every medium. Every day, in every news cycle.

Every day, every news cycle, in every medium: beat up on Trump!

Rather than promoting the same treatment for each candidate, how about this: rigorous and sustained truth-telling in the public’s interest. Citizens deserve some fairness, too.

Don’t treat Trump the same way you would treat a Democrat!

It’s time for tough follow-up questions, time for TV news to pick up on some of the hard-hitting reporting being done elsewhere, and maybe — radical notion alert! — it’s even time for news organizations to get together and prepare to defend themselves.

So news organizations should form a cabal to smear Donald Trump. But, hey, it’s self-defense!

That won’t come naturally to these highly competitive outfits, but given the assault on press rights that surely would come with a Trump presidency, strength in numbers is a far better idea than providing even-handed, nonconfrontational coverage.

What is the “assault on press rights” that “surely” would accompany a Trump presidency? It’s hard to say. Maybe she is referring to Trump’s desire to liberalize defamation law, or maybe she imagines there is a press right not to be contradicted. In any event, it’s not every day you see a journalist come out openly against “even-handed coverage,” while advocating ganging up on a disfavored politician, i.e., “strength in numbers.” We always knew that this is how liberals think, but it is unusual to see one of them put it in writing.

The migrant invasion of Europe

WATCH: The Anti-Migrant Video Going Viral Across Europe. From the text:

‘With Open Gates: The forced collective suicide of European nations’, a slick, hard-hitting film about the European migrant crisis is going viral in Europe, already watched at least half a million times.

Although the 19-minute film may feel like a dispatch from the future, it is cut entirely from recent news reports, police camera footage, and interviews. Kicking off with scenes of a modern car ferry disgorging thousands of illegals into Greece, the film then cuts to dozens of aerial shots of columns of migrants marching north into Europe.

The film then changed to the harrowing testimony of one young Greek woman who was unable to hide her horror and despair at the scale of the migrant crisis sweeping over her home island of Lesbos. Just six miles from the Turkish coast, the island was subjected to migrant riots in September as newcomers turned on their hosts for not moving them to mainland Europe fast enough.

As Breitbart London reported at the time, the tearful woman tells a news crew: “We are in danger, every day, every minute. We need someone to protect us. They come into our houses. I want to go to work, but I can’t. Our children want to go to school, but they can’t. They have stolen our lives!”.

European leaders, and particularly Merkel, have been raised singing The Internationale, and for whom open borders is part of their Marxist ethos. You cannot imagine Europe ever returning to how it was.

Political economy at its finest

This is A Strategy For Fiscal Conservatives written in Canada but applicable just about anywhere. Let me start with the first two of six and you will get the idea.

#1. Never cut anything

Conservative parties take a lot of grief for being cold-hearted because they have the audacity to attempt a scaleback of government largesse. Too often the media jumps on every small spending cut with all the alarm of a nuclear war breaking out. Even when Harper tried to scale back the rate of increase to healthcare funding, it was played out like a massive cut to services.

This also instills fear among anyone working in a job associated with government funded departments. Riling up the union-class crowd isn’t worth the political capital. As Ryan Rados mentioned in his recent article, slowly cutting and threatening the CBC only leads to more aggressive bias. Why incite it?

By never cutting anything you aren’t putting yourself in the awful position of trying to explain to voters why you’re cutting what you’re cutting. The go-to-phrase with never cutting anything is, ”We haven’t cut anything!” All the leftist hyperbole is destroyed when you can honestly make a statement like that.

#2. Freeze things you actually want to cut

Inflation is your friend. If you want to make cuts, just make freezes instead. Then you can honestly say, “We haven’t cut anything!” and your critics will have to explain inflation to a population that will instantly get bored with trying to understand inflation.

A budget freeze amounts to a 1-2% cut every year that the freeze is in effect. Relatively painless and slowly, but surely, effective.

(Added bonus? Standing in front of a microphone saying, “We haven’t made cuts to anything!”)

You don’t have to do it in a single year. And my own addition is to hack into spending throughout the public service where no one votes conservative and no one else will mind.

From Small Dead Animals.

Justice American style

That the American justice system is corrupt to its very roots has been obvious to anyone who has followed Mark Steyn’s “trial of the century”. Steyn has just provided an update on where things are.

On the vast placid frozen lake stretching unbroken beyond the horizon that is the Mann vs Steyn case there has been a small development. As our more elderly readers may recall, four years ago, before Barack Obama’s re-election, climate mullah Michael E Mann sued me and various other parties for mocking his global warm-mongering in general and pooh-pooh-ing his “hockey stick” in particular.

That was in the year 2012. Notwithstanding that it’s the most consequential free-speech case in half-a-century (as the ACLU, NBC, The Washington Post, The Chicago Tribune et al recognized in their amicus brief), in the DC courts it just sits there, with no discovery and no trial date. . . .

This sclerotic court system can’t expedite nuttin’. The case has now been stalled for two years in an interlocutory appeal. If you don’t know what an “interlocutory appeal” is, consider yourself lucky. If you do know, you’ll be thrilled to learn that one of the questions at the heart of this interlocutory appeal is whether, under the relevant DC law, the interlocutory appeal is even interlocutorily appealable at all. Fascinating! Adding to the fun, as I noted in my recent testimony to the US Senate, one of the judges hearing the interlocutory appeal, Vanessa Ruiz, takes up to three years to issue an opinion. . . .

My legal chums at Popehat and the Volokh Conspiracy seem to think that, when I gripe about the dysfunctional DC courts, I’m somehow showing disrespect for the justice system. Au contraire, it’s because of my profound respect for justice that I would like this bizarre perversion thereof to return itself to the community of functioning Common Law jurisdictions. (While we’re at it, this judge in the Trump University case seems all too typical.)

Ah yes, the Trump case. Trump is determined to show every piece of dirty linen that makes the US fit only for the very wealthy and the dirt poor. Middle class and bourgeois is a definite mistake in modern America.
Alberto R. Gonzales: Trump has a right to ask if Judge Gonzalo Curiel is fair
.

But there may be other factors to consider in determining whether Trump’s concerns about getting an impartial trial are reasonable. Curiel is, reportedly, a member of a group called La Raza Lawyers of San Diego. Trump’s aides, meanwhile, have indicated that they believe Curiel is a member of the National Council of La Raza, a vocal advocacy organization that has vigorously condemned Trump and his views on immigration. The two groups are unaffiliated, and Curiel is not a member of NCLR. But Trump may be concerned that the lawyers’ association or its members represent or support the other advocacy organization.

Coupled with that question is the fact that in 2014, when he certified the class-action lawsuit against Trump, Curiel appointed the Robbins Geller law firm to represent plaintiffs. Robbins Geller has paid $675,000 in speaking fees since 2009 to Trump’s likely opponent, Hillary Clinton, and to her husband, former president Bill Clinton. Curiel appointed the firm in the case before Trump entered the presidential race, but again, it might not be unreasonable for a defendant in Trump’s position to wonder who Curiel favors in the presidential election.

These circumstances, while not necessarily conclusive, at least raise a legitimate question to be considered. Regardless of the way Trump has gone about raising his concerns over whether he’s getting a fair trial, none of us should dismiss those concerns out of hand without carefully examining how a defendant in his position might perceive them — and we certainly should not dismiss them for partisan political reasons.

And that’s from The Washington Post. Here’s someone more likely to see Trump’s point: Never “dumb” to shine the spotlight on activist judges.

“Lou Dobbs of Fox Business News, in a recent interview with Gingrich, read from a list of ethnic organizations in which Judge Curiel holds membership. All are activist Spanish-heritage groups. Dobbs also pointed out a possible conflict of interest in the case. One of the attorneys in the law firm appointed by Curiel to represent the plaintiffs has contributed money to Hillary Clinton’s 2016 run for President. (American Spectator)

“When Lou Dobbs made the case that Trump could have reason for concern, given the judge’s associations and conflicts of interest, Gingrich brushed him off responding that Trump’s spotlighting of Curiel’s heritage “in a negative way” was “dumb.”

“First, pointing out a judge’s heritage when that heritage probably leads to bias, especially against Trump because of Trump’s commitment to build a wall on the Mexican border, would seem neither negative nor dumb. Second, Trump’s concern that this judge is an activist, as are so many ethnic legal professionals, is not racist. It’s not at all unreasonable to think that Curiel wants to officiate this particular lawsuit, as a strike at Donald Trump, the wall-builder.”

When you remember that the fall guy after Benghazi was a movie producer who was sent to jail for a year, you might think of the American justice system in a far less benign way.